The Case Guidance System In China

The case guidance system is the important content of judicial reform in China, also a useful attempt for the establishment and perfection of our country. China socialistic legal system. China is a traditional country of statute, the statute law has the supreme status in the legal system of our country, the object is the main role of legislative power and judicial power. However, the inherent defects of statute law is lagging, and social development change rapidly changes, requirements of the law must be changed to construct the single model to adapt to the changing social development. While the guiding case has the characteristics of convenience, typical and flexibility, can be very good supplementary effect on statutory construction, perfection and judicial practice. So in October 26, 2005, The Supreme People’s Court issued the "people’s court in the second five year reform program(2004-2008)", put forward to establish the judicial precedent system and Western similar system, known as China’s case guidance system. A typical case in judicial practice in China has played an important role, but a long time did not get the system requirements, in 2010, the Supreme People’s court and the Supreme People’s Procuratorate has issued the "Regulations" on the case guidance work, first in the form of official documents stipulated the case guidance system. The case guidance system is implemented over the past few years, the practice and the academic circles have made useful exploration and necessary to research its.The author agrees with the establishment and perfection of the case guidance system, and has carried on the preliminary exploration. In this paper, the author from the case guidance system background, the nature and effect of the positioning of guiding case, limitations and development trend of case guidance system, the operation of the present system of case guidance system, explores systematically, and put forward my own point of view.