A Study On The Supervision Mechanism Of Case Guidance System

From November 26,2010,as of now,China's case guidance system has been formally promulgated for about six and a half years,in the past six and a half years,the Supreme Court to give full play to the role of guiding cases,Issued a total of 87 guidance cases,for the application of a unified law,summed up the experience of judicial trial,to safeguard China's judicial justice made a great effort.However,there are many problems in the past few years when the case guidance system is running.The most prominent problem is that such a judicial system can not be guaranteed because of the lack of supervision mechanism,which can not be guaranteed in the practical application.,The lack of supervision of the mechanismand the rule of law in China to think about the general idea of violation.This article is in this situation under the premise of the construction of our case to guide the system of supervision mechanism of the theoretical background,the necessity and envisaged a detailed explanation and discussion.The first chapter mainly combs the basic content and theory of the case guidance system in our country,and leads to the congenital deficiency of the case guidance system in our country through the exposition of the meaning,function and orientation of the case guidance system in our country-the lack of supervision mechanism,For the following discussion of the case to guide the need for institutional oversight mechanism to do the theoretical bedding.The second chapter mainly studies the necessity of the construction of the supervision mechanism of the case guidance system in China by studying the theoretical basis,the system design and the data analysis of the case guidance system in our country.But also for the following set of a series of ideas laid the theoretical basis and empirical basis.Chapter 3 focuses on the four procedures for guiding the system through the normative case,that is,the procedure for recommending procedures,reviewing procedures,decision procedures,and abrogation procedures,through the use of the power of the program to achieve the purpose of the normative entity,To monitor the effectiveness of the system.The fourth chapter is the author's idea of constructing the internal supervision mechanism of our country case guidance system.In the concept of internal oversight mechanism,the specific analysis and structure of the supervisory functions of the Supreme Court Case Guidance Office and the Supreme Court Judicial Committee are mainly located.With a view to some external oversight mechanisms can not regulate the work through the internal supervision mechanism to be digested,to avoid the existence of regulatory gaps in the system.The fifth chapter is the author's idea of constructing the external supervision mechanism of the case guidance system in our country,mainly from the three aspects of supervision subject,supervision object and supervision mode,and through this all-round,multi-angle and multi-level supervision,The formation of a complete set of supervision system,hoping to make up for China's case guidance system supporting measures in the supervision system of research blank.