Analysis Of The Guidance System In Chinese Characteristics Case

The case guidance system is a kind of reference and improve for the case law.The case guidance system is always our topic of the discussion and exploration inlong-term, the establishment of the case guidance system is Chinese characteristics,can not only inherit and carry forward the excellent traditional culture of our countrylaw, but also conform to the judicial operation rules. It is an important measure ofjudicial reform. After the establishment of the case guidance system, when the judgehad a same or similar cases in the judicial practice, need only refer to a similar casereleased previously, can quickly make a fair and reasonable judgment. This approachcan not only ensure the referee’s precision, but also greatly reduce the tedious andrepetitive unnecessary work, saving a lot of time and energy, improve the efficiencyof the trial.To establish and perfect of case guidance system can conforms the trend of thelegal origin integration increasingly; Implementation case guidance system willeffectively regulate the discretion of judges in the specific case, thus effectivelysafeguarding judicial justice; Implementation of case guidance system, can beunified application of law standard, can maintain the unity of the legal system, thepromotion of justice; and implementation of case guidance system, summarizes thejudicial wisdom timely, promotion experience, will significantly enhance the judicialefficiency, save judicial resources; Implementation of case guidance system, willhelp the judge form properly advanced thinking mode in practice; andimplementation of case guidance system, the diagnostic results are more easy toaccept, improve the legal effect and the public credibility of the judiciary;implementation the case guiding system, will can push the legislation improvedgradually.The law is passive and conservative, only when the law to meet the socialenvironment at that time and adapt to the social demand，the law can fully play itsdue role. China’s current legal system can not make a lot of legislation, it need recovery for case guidance system.Judicial interpretation can remedy the lag andflaws of legislation, and the establishment of the case guidance system is morenecessary. The judicial interpretation laid the foundation and provided legal supportfor the implementation of the case guiding system, in the strict sense, the rule of lawin China should be the development of the National People’s Congress or theStanding Committee of the NPC. But the National People’s Congress or the StandingCommittee of the NPC can not because the case and the introduction of rule of law.So, the Supreme People’s Court to solve connection contradiction for the law toactual by the case guidance system, can avoid the legislative authority possibleconfusion.The case guidance system with China characteristics, as a living form of law,highly integrate legal provisions, legal theory and legal concept in the practice oflaw, is the accumulation and inheritance of work experience of judicial personnel,enrich and develop the socialist judicial system in china. The guide case publishing,give full play to the judicial social function, connect the law and reality, therealization of judicial and social communication mix. Selection of guiding cases,should be from the principles of law, legal interpretation, rule of law concept,significance and other aspects of comprehensive consideration, to establish a morescientific standard for compilation. Specifically, when it have one of the followingconditions, it can be edited in the guiding case:1, extensive attention by society;2,legal provisions of comparison only have principle; typical; complicated or new type;the other has a guiding role in the case. In order to solve the problem encountered inthe implementation of case guidance system, security conditions of the caseinstruction must be established, focus on strengthening the following three factorswith:1, as the basic of establishing case guidance system, the judge needs to improveits service quality and ability.2, the active participation of the grassroots andintermediate people’s court.3, should be standardized working relationship on thelower court, and gradually to the administrative.