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Procuratorial Organs Case Study Guidance System

Posted on:2016-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ZhuFull Text:PDF
GTID:2296330503451240Subject:Law
Abstract/Summary:PDF Full Text Request
As we all know, the case in the functioning of the judiciary in the process of formation of civil law guidance system, in fact, common law and precedent system of correspondence among students. Although on the surface, the biggest difference between the two legal systems is whether the use of written law and whether the case, but the real difference between the two is reflected in the degree of emphasis on the statute and jurisprudence. In fact, previous jurisprudence or case can become origins follow the law, regardless of the field of view from the rule of law on a global scale modernization of view or from a legal point of view, both to meet the two legal systems complement each other, mutual integration trend is increasingly evident, that meet the the proper meaning of the law to pursue justice.On China’s actual situation, although in practice the judicial operation can be formed typical case- even if it is a nationally influential guiding cases, but because of China’s current overall legislative system, the judicial system or the entire legal system and traditional justice Contextual features, even the "typical", "guidance" of the case, yet not be able to become directly applicable law courts origin. Thus, the Supreme Court adopted "guiding case," the term came into being. In fact, the application of this term is not only in line with China’s laws and the use of the existing reality, but also for balance and fairness between the foundation case, given the "guiding case" in the legal practice of the functioning of the judiciary in particular, Significance. It can be said, in this sense radiation lies not only in the court system, in the prosecution system propulsion justice also achieved extraordinary results. This paper will analyze the value of the actual impact assessment to explore the many other issues and other aspects of the prosecution case guidance system, and put forward recommendations for the improvement and little sound system with a view to the healthy development of the prosecution case guidance system help.
Keywords/Search Tags:Prosecution case, Guidance system, Guiding case
PDF Full Text Request
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