Research On The Case Guidance System With Chinese Characteristics

Refers to the so-called "case guidance system is to China’s vast territory, between the regional economic development level, case complicated and diverse, different courts and different judges appeared different codefendant to summarize the experience of judicial practice, at all levels to guide the court hearing of the case, the ruler of the unified judicial, standardize the judge’s discretionary power effectively play leading status of a path of socialism judicial system of a typical case.There are two main legal systems in the world:the mainland and the Anglo american. In order to develop law of the countries of the continental law system, the trial of the formulation of laws and cases are discrete, between the two do not affect each other; however, Anglo American law system is to case law as the main way, implementation of the principle of judicial supremacy and stare decisis. The difference between the two legal systems is different from the origin of the law, the legal form of the law is not the same, in addition to the performance in the way of trial and the responsibility of the judges. In our country’s law, the statute law exists such as lag, fuzziness, poor ductility, and can not cover the complex social environment. Further, our society is in a period of rapid development, the statute law is a stability, its introduction and revision is very strict, which makes it difficult to apply in the actual. Practice:the unlimited expansion of judge discretion, judicial corruption, and even false somesentence etc.. Now two big legal system each play their role, learn from each other, fusion more and more, our country in the traditional grammar based on should this trend along, to establish the case guidance system is the path of socialism. On the one hand, the case directing system can make up the loopholes in the law, and effective control of the corruption in the judiciary and the miscarriage of justice, in addition to the unification of law applicable, realizing the unity of justice and justice also has a guiding role, to further promote the process of the construction of the legal system in our country. Ten years ago, issued by the Supreme People’s Court of the people’s Court of the second five-year reform program "proposed to the case guidance system is to establish and perfect, pay attention to their role in the unified judicial referee standards, guidance for the trial of the case, perfect and the development of the theory of judicial justice and. The Supreme Court also proposed: to outline specific operation rules of guiding case normative documents issued regulations. This is the first time the official proposed the establishment and improvement of the case guidance system, the development of the system with Chinese characteristics has a milestone significance.From the overall point of view, the current case guidance system is not detailed enough, in the relevant provisions are too loose, for the guidance of the case production process, the release of the subject, the legal effect is still a lack of clear norms. In our country’s legal theory, it has always been involved in more trial procedures, as well as the application of the law and the legal system, and the former is slightly worse than the former. Since 1998, China began to reform the way of trial, after nearly 10 years of exploration, the mode of judgment in our country changed, from the original ex officio doctrine to adversary, and gradually developed to today’s harmonious litigation pattern. In addition, China has been to the judicial practice from the theory to the practice of the case guidance system has been discussed and studied. At the same time, in order to improve the case guidance system, we learn from the advanced case law of the two western countries, so as to lay the foundation for improving the case guidance system of our country’s socialist route. The case guidance system theory base and practical meaning, operation feasibility analysis, and will with the relevant system to be, trying to set up the perfect put forward some feasible suggestions, in order to further improve the case guidance system in our country and play a certain reference role.