Research On The Orientation Of Case Guidance System In China

The case guidance system is an innovation system based on history and culture,China's basic national conditions,the traditional legal basis;is the process of judicial reform,an important way to make up for the shortcomings of statute law,abstract lag;strengthen legal supervision,standardize discretion,guarantee law an important measure to ensure the accurate use of justice.The case guidance system is through the strict selection criteria and selection procedures,system guidance law after cleaning,after the compilation of the highest judicial authority issued,is to further unify the legal application,the best scheme of the norms of judicial discretion.The case guidance system in the actual running time of just 7 years,continuously develop and perfect,but also because of the advantages of the statute itself has do not have the specific performance and flexibility in practice,showing its strong vitality and value of justice.In this paper,firstly,through the specific cases in practice,we learn from the problems and deficiencies in the practical application of guiding cases.From the perspective of the application effect of the district court to the guiding case,to some extent,it reflects that some of the judges did not really understand and grasp the case guidance system,but still adopted the attitude of indifference and exclusion.This has resulted in the development of the case guidance system is an important factor in the bottleneck,so that it is in the face of an embarrassing situation in the cold.After all is the highest judicial organs in the implementation of case guidance system,not to a precise location of guiding cases in judicial practice are clear,but general and vague provisions of "similar cases" "shall refer to" or "reference".Then this paper analyzes the positioning of the case guidance system.The positioning problem mainly includes the problem of location and effectiveness.To determine the nature of the understanding of the case guidance system and its effectiveness in practice is the problem of the root nature we establish and improve case guidance system to solve the first.This is the point of this article and the purpose of writing.By now the academic circles and practice circles on the elaboration and analysis of the existing positioning different views of these two aspects,summed up the case guidance system in Chinashould be the effectiveness of positioning and guiding case nature has the guidance law applicable to the facts shall be binding in the practice of the system,and return to the specific case in this paper the combination of guidance case analysis.