Procuratorate Applied Case Study System Research

The prosecutors case guidance system is established to adopt to the new situation,to overcome the limitations of grammar,to limit the discretion,to promote the judicial justice with the Chinese characteristics.Since released the first batch of guiding cases at the end of2010, The Supreme People's Procuratorate has issued six batches of 23 guiding cases.But since the system run several years,the application of the system has not reached the ideal state,there still exists many problems in theory and practice.This article introduce the nature of the procuratorial organe case guidance system,effectiveness, and discusses the necessity, the feasibility which the system based on,and other relevant issues, analyzes its existing problems, aimed at putting forward recommendations to perfect the system based on the current judicial practice. the body is made up of four parts.The first part is an overview of the case guidance system of procuratorial organ. First of all,I will introduce the concept, nature, function,the similarities and differences of case guidance system and court case guidance system.Then I analyze The Foreign precedent system and its enlightenment to our country.So that we can have a preliminary understanding of the prosecutors case guidance system.The second part will analyze the necessity and the feasibility of the system.Starting from the necessity that the procuratorial organs established case guidance system, and then from different angles to discuss the feasibility.The third part will discuss the existing problems based on the present situation that the procuratorial organs apply case guidance system.From the perspective of the current legislation situation and judicial actuality of The prosecutors case guidance system in our country.this part analyzes the application conditions and further discusses the existing problems of the system.Views and suggestions on how to deal with the problems of the system will be put forward in the fourth part. In order to give full play of the guiding case in the procuratorial work and further promote the judicial justice, firstly,this part should clare and definite the nature and the effectiveness of the guiding cases,which based on the basic principles of case applicable. It will improve and consummate the basic system and coordination mechanism with the court,and then strengthen the propaganda of the guiding case and the educationaltraining of the prosecutors.