Study On The Criminal Case Guidance System Operation

The case guidance system is one of the important initiative of judicial reform,and has formally established in our country.So far,the supreme people's court has published a total of fifty two instructional cases by ten batches.That is to say,the case guidance system has begun to run at the highest judicial organ.According to the character of the guiding cases which released from the supreme people's court,the guiding cases is consist of the civil cases,administrative cases and criminal cases.Meanwhile,according to the importance and particularity of the criminal justice,applying the case guidance system to the field of criminal justice will face many troubles and difficulties.In this paper,I will analyze and research the operation condition of the criminal case guidance system,and make a little contribution to the long-term development of the criminal case guidance system.In this paper,I will use the normative and qualitative analysis methods to analyze basis theoretical problems,figure out relationship and distinction between the criminal case guidance system and relevant concept and the other system;I will use investigation and empirical analysis methods to analyze the running status of the criminal case guidance system,research cause and problem of bad run of the criminal case guidance system;I will use the method of comparative analysis to learn anglo-American law system and continental law system,especially the case law of England and the German judicial precedent system,in order to put forward effective measures in propelling criminal case guidance system development in our country.This paper is divided into four parts:The first part outlines the basic theory of the criminal case guidance system.First of all,according to the existing laws and regulations,and through analysis of the theory and practice circle to the criminal case guidance system,it defines the meaning of the criminal case guidance system and related concepts of the guiding cases,precedent,etc.Second,it compares and analyzes the relationship between the criminal case guidance system with foreign system of precedent and judicial interpretation,which shows the criminal case guidance system does not completely copy the western system of precedent and it is also not China judicial interpretation.Finally,for uniform of law application and judicial justice to establish the criminal case guidance system,that will have a far-reaching influence and change.The second part analyzes the running status and the existing problems of the criminal case guidance system.First of all,the paper analyzes that the judicial practice operation condition of the criminal case guidance system is not very ideal,that people are not familiar with the criminal case guidance system,and that the application of the criminal case guiding situation is grim,etc.Second,it demonstrates the two reasons why current running situation is not optimistic.One is that the system has problems in the building itself,the other is that the system will have to face many challenges if it seeks for development in our country.The third part makes inspection and evaluation to the foreign criminal jurisprudence system.This paper argues that the case law education,the judge selection system in Anglo-American law system countries,and the case deviate reporting system,three-tiered System in continental law system countries especially Germany,and the actual situation can be learned to apply to the development of criminal case guidance system in our country.The fourth part puts forward suggestions on the development and perfection of the criminal case guidance system.The criminal case guidance system has established,but the running status of the criminal case guidance system is not ideal.On problems existing in operation of the criminal case guidance system,the article learns the successful experience of foreign system of precedent.To ensure people's court at various levels appling to the guiding cases in the trial practice and advancing effective operation of the criminal case guidance system,the supreme people's court specify and perfect form mandatory reference of the guiding cases,reform of court lever,improvement of professional level of the judge,etc.