Improvement Of The Case Guidance System

Since the founding of the new China,with the efforts of the legal personality,the construction of chinese characteristic socislist made a lot of progress.Today,the socialist legal system of chinese characteristic has been formed and perfection,theroy of rule of law be accepted by people.But,it still exist the question of the standard of judgment disunity, “same case,different adjudge”To solve this problem,we are making changes in various directions.In such a context,it produce the case guidance system.By the way of publish the “Guiding case”,unified the standard of judgment for similar events,“same case,same adjudge”. ?The supreme people's court working report of 2015? say that,in 2014,the supreme people's court “publish 22 guiding cases,unified the standard of judgment for similar events.”The case guidance system has been an important measure in court's reform.However,The actual operation of the case guidance system has brought many problems.How can we maximal utilisation the case guidance system?To answer this question,we must noticed that,it has been exist the traditional of stare decisis in the ancient China.I will called it “decisis system”.For a long time,ancient China has the tradition of statutory law.But,the decisis system rooted in the ancient Chinese legal system by it's characteristics,to adapt to social change.In contract to the case law in the western country,the stare decisis in the ancient China was unique.It was different in the formation style.The environmental science of the stare decisis in the ancient China survival is completely different for the case law in the western country.Today,China may development the case guidance system.We can not limit in reference the case law in the western country.What's the more important is notice the decisis system in the ancient China.Which is more fit to our national conditions. there are many aspect woethy to reference.This paper divides into four parts.Part one,summary the case guidance system and theoretical research about it.Part tow, introduction the actual operation of the case guidance system and some questions. Part three, discussion the decisis system in the ancient China. part four,counter described above,contact the decisis system in the ancient China,give some suggestions to case guidance system.“Taking history as a mirror,you can know gains and losses.”I hope by introduction of the decisis system in the ancient China and discovery a useful part of case guidance system's improement.Provide the other way to improement the case guidance system.Do my small part to help the improve and perfect of the socialist legal system of chinese characteristic.