Case Guiding System Executive Tendencies And Overcome

The main function of case guiding system is uniforming law. Case Guiding System has gone through two phases. In the first phase, people tried to demonstrate the legitimacy of case guiding system;In the second phase, people tried to study the application of guiding cases.Case guiding system executive tendencies reflected in two aspects. Firstly, the creation mechanism of guiding case, reflecting in the top-down selection mechanism, as well as the witting mechanisms of guiding case, for cutting and monopoling the guiding cases Secondly, the restriction mechanism of guiding case, the performance is the sources and security of guiding case. Case guiding system executive tendencies lead to two problems, one is the imbalance between supply and demand,the other is the failure of applying guiding cases. The reasons of these problems reflected in five areas:judicatory with administrative characteristic.; maintaining the authority of case guiding system; the role of imperfect trial-level system; the impact of the Supreme Court’nature.Talking about overcoming the executive tendencies of case guidance system shouldn’t ignoring the background of judicial reform. Judicial reform requires the case guiding system to be reformed. Reforming the case guidance system helps to implement judicial reforms.