The Supreme People's Court Case Guidance System Research

Now widespread in the judicial field,"co-different sentence" of the situation,which led to widespread dissatisfaction of the people,the face of this social context,in 2010 the Supreme Court issued "Guidance on casework provisions"(hereinafter referred to provisions)mark China formally established case guidance system.Guiding case generation is another important measure of judicial reform,strengthening the social construction of China's legal system has a prominent role.May 13,2015 the Supreme Court issued Case Guidance on regulations>Implementation Rules"(hereinafter referred to as the "Rules"),the Regulations on the basis of the 2010 "require" further defined the guiding case recommended main program,and recommend procedures to further clarify how the applicable reference guiding cases,make the system more practical guiding case.From the beginning of the case guidance system to produce,judicial workers were on the right case guidance system is full of expectations,looking forward to this legal guidance can contribute to the improvement of China's legal environment,reduce co-determination different phenomena,but not without regret is found by the empirical investigation,from the establishment of this new thing has run effect is not ideal,did not achieve the desired objectives,suffer from a "cold" in grassroots judicial practice.Jurisprudence of the case guidance system the problems are discussed and research,in order to case guidance system in the judicial practice and continue to improve the application,to maximize their judicial effectiveness.This article is in this context of the Supreme Court case guidance system research.This paper is divided into five parts,the first part describes the Supreme People's Court and Its Significance guiding case system.Although in our case guidance system generation time is not long,but with the guidance of our country there has been a typical case of the phenomenon of the trial,but "require" the release,so that case guidance system officially appear in people's vision,but also for the first time gives guidance case certain degree of force.Established case guidance system of law applicable to a very large sense,it set up so that people focus shifted from how to make law to how to properly apply the law up.From the application of law,the case guidance system for the protection of the referee's uniform,standardized judicial discretion to ensure accurate and applicable law and other aspects are of great importance;the second part of the case guidance system separately from the function,the formation mechanism of action effectiveness three aspects to define;the third part is some of the issues of the Supreme Court case guide system suitable present during the discussion,discusses the current situation of applicable guiding case,applicable conditions,applicable rules,because our country for guidance case how to apply the provisions of very broad,but our country is not a traditional case law,precedents for the applicable rules can be said to be blank,which gives practical guidance on how the specific application case brought a great deal of difficulty,therefore,I learn through case law national case identification technology,a specific way of guiding case apply conducted Imagination,guiding case in order to be better and more accurate application;the fourth part of the Supreme Court pointed out that the case guidance system lack of institutional design and practice existing in the process,were guiding cases applicable rate,guiding case released a single body,released a limited number of cases,guiding case did not achieve the desired effect,and the way to solve the fundamental change our four second trial system and the implementation of four three trial system,such reform can change the guiding case in our application of passive fundamentally,so guiding case in our country can be more smoothly implemented.