The Study Of Court Case Guidance System In China

As a key link in the process of judicial reform, Court case guidance system has now entered the specification development period in China, its development and perfection can effectively promote the relationship with judicial reform. Court case guidance system of China is the precedent system with Chinese characteristics, is rooted in the development of China's rule of law, and based on the special consideration to the development of legal system. The current law for court case guidance system research is obsessed with details of the system design, the lack of case of a more macroscopic system of the rule of law level reflect the defects and disorders of the guidance. In addition, For exaggerating value of the system, lead to system function set is not clear. It is difficult to play to utility, makes instructional cases become "chicken ribs" --- tasteless when eaten but a pity to throw away. In view of this, from the perspective of jurisprudence, the court case guidance system for global research more meaningful.In theory, the court case guidance system conforms to the practical reason of the law. And it is the result of the compromise choice from judicial activism and judicial restraint. In terms of system itself, for the legislative, judicial, law-abiding and every link of the rule of law system, the court case guidance system has the positive significance, that is an effective means of socialist rule of law. The system of the realization of the value depends on the reasonable design and the guarantee of the external environment. Current our country court case guidance system effectiveness vague and did not establish and improve the effective supporting measures, and our country statute law tradition and security administration of the judicial environment and prevent the development of the system. Therefore, court case guidance system problems and obstacles is more than the disadvantages of the system itself, and reveals the inherent defects of the security administration of the judicial system in our country. For court case guidance system construction development must first break misunderstanding, to clear the court case guidance system of value and function positioning, in order to guide case instead of "reply"-in the form of judicial interpretation and judicial Suggestions, such as government civil judicial form, will go to town government guiding cases as an effective means, in order to promote the development of the judicial reform, guarantee guiding case has irreplaceable value in the entire history of the judicial system. furthermore in order to ensure the court case guidance system to benign development, we should establish a case recommend incentive mechanism and supervision mechanism case, strengthen the judge training, and improve the judge applicable cases skills.