Analysis About The Trouble And Way Of Establishing China’s Criminal Cases Guidance System

In“the Outline for the second Five Years’ Reform of The People’s Court(2004-2008)”, the Supreme People’s Court had clearly stated that to establish and perfect the cases guidance system, we should pay great attention to the functions of instructional cases in the unification of law’s suit criterion, the direction of subordinate courts’ trial supervision work, the enrichment and development of judicial theories, etc. The Supreme People’s Court lay down the normative documents about the guidance of criminal cases, regulating the number and selection of its standards, procedures, and ways of announcement as well as rules of guidance, etc. It was the first time the case directing system be officially addressed. In 2010,“The regulation of case guidance”has been issued respectively by the Supreme People’s Court, it makes the establishment of case guidance system in China.Up to now, the Supreme People’s Court issued a total of 9 cases of criminal guiding cases, which indicates that China’s criminal case guidance system officially entered the implementation stage.The research of this thesis is divided into four parts which based on the criminal cases guidance in our country.The first part is a general theory of the court case guidance system.First,the section analyzes the concept of the court case guidance system;second,the court case guidance system and related concepts is compared;finally, the significance of the criminal cases guidance system is pointed out.The second part focuses on the main problems of the criminal cases guidance system.This section points out three problems currently existing in this system.The third part analyses the reason for difficulties in criminal cases guidance system,that is,the positioning of the criminal case guidance system is not clear;the criteria of guiding cases is too elastic;the effectiveness of guiding cases is not certain; the application of the guiding cases by the courts is yet to be standardized; and a complete set of measures for the criminal cases guidance system are still lacking,etc.The fourth part brings forward some suggestions to improve the criminal cases guidance system.This section,also the emphasis of this thesis,proposes specific measures for specific problems.