Guiding Basis For The Case Guidance System

The case guidance system provides a uniform standard for the referee of the case,provides a scale for the discretion of the judge,and also prompts the judge to apply the law accurately in the course of the referee.The above function of the case guidance system needs to be fully exploited in the judicial practice through the application of the guiding case.So far,the Supreme Court has issued 16 battalions,a total of 87 cases of guidance,of which a considerable number of cases is a certain social impact of the so-called "difficult cases",difficult cases beyond the scope of legal norms,Processing,to a certain extent make up in some social areas of legislation blank,does have some guiding significance.However,for the case guidance system,the guiding case will generally have a guiding basis,on the basis of guidance,the judge with reference to the applicable case to treat the case to the same case.Does the guidance case have a guiding basis and play the real effect of the guiding case in judicial practice? In judicial practice,a considerable number of guiding cases since the release has not been invoked once.The Case No.50 is one of the non-cited guidance cases.Therefore,this article will be the case of 50 as a representative of the analysis,to explore whether it is in line with the guidance of the "same case" the same standard.There is no doubt that,in the case of the case,the50 th Guidance Case is a difficult case,so it is necessary to analyze in depth whether it has a guiding basis.This paper is divided into six parts.In the introduction,the paper introduces the basic contents of the case guidance system.The first chapter analyzes the operation of the case guidance system,discusses the main function of the guiding case and introduces the guiding foundation of the case guidance system.The Chapter 2instructs the case of the guidance having the difficult points to analyze the feasibility of the trial results,that the case of No.50 does not meet the "same case" features.The Chapter 3 analysis of whether the guidance case 50 is consistent with the same case of guidance.Chapter 4 mainly points out the existence of a guiding case in thecase guidance system is inadequate,and make some suggestions for improvement.The last part of the full text will make a summary.