Research On The System Of Case Instruction

Case referrals system produced in a particular judicial predicament in the early days of a long period of time, the adjustment of social relations depends mainly on policies, laws making adjustments leader and party with only a supporting role, in addition to the subjective and objective conditions at the time constraints, cases of referrals to the system then in the court system to prevail, over time, has become a sort of invisible trials and working practices. Admittedly, the case referrals system has played an important role in helping to solve many difficulties and trial practice problems, today, we are still part of the trial practice practical value. Case referrals system as a trial program alienation rule, there are some drawbacks of its own, and thus subject to a lot of criticism theorists, causing numerous controversial. Theorists vocal opposition, the main drawbacks of the system for case referrals, case referrals system that the trial system and contrary to the principle of trial and no legal basis and should be repealed; practitioners case referrals system avoids the disadvantages of that case referrals system contributed as guaranteed quality of handling cases against external interference method, make up the legal loophole, uniform application of law and other functions, should be retained. Abolishing the theory and practice of the controversy surrounding the case referrals system for many years, it has not been able to form a reasonable criterion. The reason is that people are accustomed to from their positions and angles to subjectively elaborate system of case referrals, very few people with the actual situation to an objective analysis, resulting in "in-laws" describes the situation has processed. In fact, we all understand that the world is not perfect things, more or less there are some drawbacks, we should correct the shortcomings of looking at things, and not to attack or ignore it, thereby unilaterally deny the existence of the nature of things. Case referrals system, too, so much debate about its drawbacks, not as the focus of debate shifted to how to overcome its drawbacks go, more ways to explore some cases referrals system reform. Everything has a process from development to decline, the poor are changed, change the pass, General long. Thus, changing the reality of the plight of case referrals system, it is the top priority. The author during the court practice, and the Court's judges and other workers in the legal profession have had exchanges, been explored for the case referrals system, and the combination of theory and practice, elaborated from the following five parts:The first part is the basic meaning and historical evolution of case referrals system. This article outset case referrals coverage system is limited to cases of referrals to the court system to make coverage more targeted, followed by the historical evolution of case referrals system, conduct periodic analysis, that is the embryonic stage, the formation stage, stage of development.The second part of the case referrals to effect the system for analysis. By exploring both positive and negative aspects, indicating the case referrals system also has two sides, the world is full of things no exist, we should face up to its shortcomings and overcome its shortcomings, lay the foundation for reform set forth later section.The third part describes the current legislation and the reality of the plight of the case referrals system. This part describes the court case against abuse and malpractice issues referrals system, the relevant authorities despite the introduction of many normative documents to be constrained and change, but the reality is full of complex dilemma, leading to cases of referrals to the practice range is not specific, non-standard forms term is not clear, the review is not strict and referrals motivation is not pure problems exist, and the reason there is a problem with a multifaceted, which includes not know the place, the law and system is not perfect, the implementation is not strict and scientific management and other reasons.The fourth part discusses the necessity and feasibility of case referrals system reform. Through the system of case referrals comparative analysis of different views, that the case referrals system development has its drawbacks have been exposed, not fully retained, but the moment was premature repealed, it does not promptly abolished, with the actual situation and the current reform reform efforts and the opportunity to further deepen reform with the necessary and feasible.The fifth case referrals system reform proposed specific initiatives. Combined with previously the case referrals to a comprehensive analysis of the system. Finally, concrete reform measures from the following aspects: strictly limit the scope of the case referrals, case referrals applicable procedural norms, improve the quality of judges, court reject administrative management, strengthen case guidance, submitted expand the scope of the superior courts, the case evaluation system optimization.