On China ’s Criminal Case No Guidance Guiding Phenomenon And Respond

2010 Supreme People’s Court and Supreme People’s Procuratorate were issued "on the case guide the work requirements", it indicates that China has established a formal criminal case guidance system with Chinese characteristics. Our criminal case guidance system made a lot of money in the achievements, there is a very serious "no guidance" problem. In order to solve our criminal guiding case "no guide" problem that requires a comprehensive understanding of criminal guiding cases and criminal guiding case does not guide the phenomenon, the reason our criminal guiding case does not guide the phenomenon of analysis on this basis, and raised the question of measures of the criminal case does not guide the guiding phenomenon, improve our criminal case guidance system.First, a comprehensive understanding of criminal guiding case. Case and guiding case appears consistent with the laws of social development,he criminal case is also true. Since the Supreme People’s Court and Supreme People’s Procuratorate of the provisions in the criminal case from guidance from ordinary criminal cases, became an independent legal phenomenon, with an independent existence value, from this perspective, China has established a Criminal Case guidance system is not truly criminal case guidance system, but merely a kind of judicial interpretation of the criminal case guidance system. Secondly, a comprehensive understanding of the criminal case does not guide the guiding phenomenon. Our guiding case is not criminal behavior guidance for the application of specific performance is low, the system was empty; a small number, lack of scale; body positioning is not clear, lack of procedural justice; defend partially missing, inadequate reasoning; the relationship between judicial interpretation and confusion.Again, analysis of underlying causes of criminal cases do not guide guiding the phenomenon. The main reason of Criminal guiding case appears that the failure to recognize the functions and values guiding criminal cases. Criminal case has strategic guidance, norms and rules create three functions. Criminal guiding case compared to ordinary criminal case has a stronger guiding and regulating functions, but due to the statutory rules create functional principle of criminal law crimes should remain cautious. Core Value criminal guiding case is the clarity of criminal law, to ensure the fairness of the criminal law, to ensure the application of criminal law and criminal legislation clearly has a very high value.Then, clear guidance criminal case does not affect the guidance of the phenomenon of Criminal Law. Due to lack of criminal cases guiding function and value of understanding, so that criminal cases in guiding our country’s legal system status is unknown, can not be a correct understanding of the criminal case and guiding the Criminal Code, the relationship between the criminal judicial interpretation to give effect to make it more a good play. Finally, the response of the criminal case no concrete measures to guide the guidance of the phenomenon, to improve our criminal case guidance system. In order to solve our criminal case does not guide the guiding question should open the channels involved in the criminal legislative guiding case work; it should straighten out the relationship between the public security organs in three criminal cases to guide the work, attention to procedural justice, the right of investigation into criminal Guidance of case work in the past; it should establish a broad criminal case system as soon as possible, so that the ordinary criminal case with criminal guiding case as to legal regulation, play a role; should face position of criminal guiding case law origin, and coordinate with the criminal relationship judicial interpretation, would simply respond to public hot spots and reiterated judicial interpretation of the criminal case to the guidance of the guide; the instrument should promote the reform of the criminal judge, enhanced Magistrate instrument reasoning.