Case Guidance System Research

With the rapid development of the indicators, social relations are more complex, and combining the current situation of the current process of our rule of law, just relying on the inherent statute law makes realize the basic function of the legal dispute on check for became distant, guiding case arises at the historic moment becomes inevitable. Then, in 2010 the supreme people's court promulgated ?the supreme people's court about the regulation of case instruction work ?or?implementation rules ? after five years on, is to confirm the effectiveness of the instructional cases. Before the supreme people's court also issued some reference in the form of "approval" case, but not released these cases the effectiveness of the "guidance", which is also planted the seeds of great significance to the regulations. Case guidance system is the aim of inhibiting judges discretion, safeguard the unity of judicature. In the current our country is pushing the process of judicial reform, the determination of case guidance system and perfect for uniform law applicable standards, safeguard judicial justice, specification on the judge's discretion is of great significance.Specifically, this article from five angles to the case guidance system carries on the comprehensive analysis. Took a long article to write case guidance system problems and concrete conception, including the specific idea is the key, in the idea, and will mainly focus on the law applicable technology.Firstly expounds the implement the background and significance of the case guidance system, and then the research status at home and abroad were summarized. Since "should be an outline" for the first time a clear definition of the concept of case guidance system to the supreme people's court enacted "about the regulation of case guidance" rules to give guidance to guide the cases on the effectiveness of case guidance system also has experienced from scratch, from the abstract to the concrete process of gradually. And also determine the fourth plenary session of the 18 to push forward the reform of the judicial process and target coincides with mine.the implementation of case guidance system. Although the Supreme Court has long been a tradition of all kinds of cases, but the current academic circles have not yet is the core of the system or the system basic guiding case on what is not a definition. Then from the Angle of historical tradition and keep up with the trend of the rule of law point of view to describe the current implementation of the case guidance system is in conformity with the current trend of social development, is also accords with the objective law of the judicial system. Add "connection with different sentence" has become even more severe, the judge discretion not to exercise, and so on problem the precedent will inevitably require referencing system.secondly, Relevant matters of instructional cases it is not perfect still exist many problems, the fourth part mainly are faced with the problem of combing.As a guiding mechanism of the case is chaos, guiding case applicable mechanism is not sound, lack of recognition of similar cases, lack of corresponding safeguard mechanism, the lack of a matching cleaning mechanism.Finally, the improvement of the case guidance system put forward specific ideas. From the generation of guiding cases to apply to similar cases put forward a set of identification technology at the end of the cleaning up the rules of perfect idea. Such as specification of guiding cases generating mechanism, perfecting the guiding case applicable mechanism, improve the recognition of guiding cases, reconstruction of guiding cases safeguard mechanism, cleaning and abolition of guiding cases.