The Research Of Normative Judicial Guidance Documents

Where should the judge to find the law is the jurisprudence discussion of important issues. In the process of application of law,normative judicial guidance is one of the most important specification of the carrier in our country.It is formulated to guide the courts at all levels of business,and it is belong to an internal document court system,In the process of the actual trial, however, the courts at all levels including the Supreme Court has to be directly applicable to the case of instances.Therefore, this article research orientation is the nature of the normative legal guidance documents in our country and status.The article includes preface and epilogue is divided into five parts.The introduction part, based on the perspective of the case, which leads to the research object in this paper——Normative Judicial Guidance Documents,and put forward the question that is whether the normative judicial guidance documents can be referred to as the judge to judge cases directly legal basis.The first part combed the normative judicial guidance existence of the situation in our country.The existence of normative judicial guidance documents has a long history, the form is various and its name is multifarious.This also reflected from the side it is necessary to the study of normative judicial guidance documents,and the current domestic scholars did not give enough attention,In practice it is confusedwith the judicial documents and the judicial interpretations.The second part theoretically investigate the nature of the normative judicial guidance documents.The theoretical circle has not yet to clear demarcation of normative judicial guidance documents and the legal source theory also does not have clear answers.Neither the normative judicial guidance documents listed in the formal legal source, nor as informal source of law.But normative judicial guidance documents is considered to be the informal origin in this text.The third part researches normative judicial guidance documents the real position of judicial application from the aspect of judicial practice.By introducing examples further illustrate normative judicial guidance documents in our country in the process of trial court case is not to satisfy a temporary need,t occupies an important position on the basis of trial in the court case.Although its rooted in history and reality to apply the needs of the situation,But it still brings many negative influences to the court’s trial practice.In the epilogue part,the paper argues that although the normative judicial guidance file exists shortcomings that cannot be ignored,but its judicial function cannot totally deny.Through the "legislation reformation and extinguishing " program to realize normative judicial guidance documents standardization;The record of the normative judicial guidance to establish censorship.Improve the transparency of normative judicial guidance documents;Strengthen supervision over normative judicial guidance documents, and guide it into a positive development orbit.