Research On Case Guidance System By Analyzing The Current Situation Of The Judicial Practice

In 2020,The Judicial Committee of the Supreme People's Court discussed and approved Provisions on Case Guidance System and marked a preliminary establishment of Case Guidance System with Chinese characteristics.This was a terrific innovation which based ourselves upon China's conditions.Case Guidance System has been established for seven years.However,from the implementation in judicial practice,both the application and the system itself had suffered a bottleneck and the feasibility was far from the expected standard.This paper focuses on the problems and predicaments encountered in its application and the possible solutions.This paper plans to use the method of historical analysis,actual evidence analysis and comparative analysis.By analyzing the history and the standard forms of the Case Guidance System,this paper will analyze the debate on the fundamental theory of Case Guidance System and then try to pinpoint its status in our law system and the efficacy it should possess.Meanwhile,by analyzing the macro data of the guiding cases issued in seven years and comprehending the applicable situation at present,this paper will explore the dilemmas and difficulties that Case Guidance System encountered and thus investigate the solution.In the first place,this paper will make a longitudinal survey on Case Guidance System from germination to establishment and then demonstrate the legitimacy of the existence of Case Guidance System in China by understanding its vein of development and analyzing the base specifications in a historical perspective.It shows that Case Guidance System in China had a very strong Chinese characteristics and it was born from the special judiciary environment which is unique in China and it played a good positive role in solving problems such as stagnation of legislation and injustice of judgment.It was also the result of unceasing learning and extract from the Anglo-American Legal System and Continental Legal System.In the second place,this paper develops a macro understanding via the application of guiding cases in judicial practice in the past seven years and analyzes many problems in the selection and application of these guiding cases,which can be classified to two kind,the problems exist in the system itself and the obstacles encountered in judicial practice.There is much controversy among the academic community about the orientation and effectiveness of Case Guidance System itself and it is impossible to reach a consensus.This is also a prerequisite to hinder the development of Case Guidance System.In addition,the most criticized is the administrative problems in the selection and application of guiding cases in China's Case Guidance System.The separation of the selection subject and the case subject is determined.The Supreme People's Court determines the guiding cases through the meeting method,which shows a strong administrative color.At the applicable level of judicial practice,the judge's trial techniques,thinking modes and the initiative of applicable guiding cases all become difficulties that are waiting to be gradually overcome.Finally,through the analysis of the problems in Case Guidance System,this paper discusses the method of resolving the dilemmas of the system.Firstly,for the basic premise of the effectiveness of Case Guidance System,the academic community should reach a basic consensus.The author believes that although this system does not have legal binding force,it has quasi-legal binding force in the Chinese legal system.As with the judicial interpretation,it is a technical means to fill legal gaps,whether it is the reasoning value of the case itself,or the referential reference that the external system stipulates for the guiding case,and does not refer to a series of possible consequences.All that suggests the guiding case has a certain binding force.This consensus is a prerequisite for the in-depth development of Case Guidance System.Secondly,from the view of the defects in Case Guidance System itself,this paper proposes measures to increase the number from the guiding case,to improve the quality of each case as well as to administrative law and other aspects in the selection procedure.Thirdly,at the level of judicial application,improving the skills of judges in applying guiding cases,regulating the discretion of judges and establishing normative guidance case-appropriate technologies are all effective means to promote the long-term development of Case Guidance Systems.