Study On The Operation Of Case Guidance System In Criminal Justice Practice

China has made great achievements in economic construction since reforming and opening.At the same time,the imbalance of economic development between different regions of China,between urban and rural areas is becoming increasingly prominent.At a time like this,the lagging nature of the legislation itself makes it increasingly difficult for it to deal with changing social conditions,this has led to a wide disparity in the standard of adjudication in judicial injustice,such as different judgment in the same cases,is becoming more and more serious.Therefore,in order to sum up the trial experience,unify the application standard of the law and safeguard the judicial justice,the Supreme People's Court built the case guidance system.However,there are too many unsatisfactory problems in the operation of the case guidance system,which makes its due judicial functions have not been fully exercised.This article starts from the operation condition of the case guidance system in the criminal practice work to find out what is wrong with it and put forward some suggestions to improve these problems.It is expected that the case guidance system can play a full role in the criminal practice.This article mainly divides into four parts,the main contents are as follows.The first part introduces the writing background,study object and significance of this article.First,the background of this article is that case guidance system has been established in China,but rarely applied in practice.The second is the study object,the distinction between guiding cases and non-guiding cases is whether the subject has authority or not,the publication procedure is legally qualified,and the access to judicial documents.Finally,the significance of the research is to promote the perfection of case guidance system and let it play a full role in practice.The second part introduces the case guidance system of China.This part is based on three normative documents released by the Supreme People's Court,and introduces the selection mechanism,structure and legal effect of the guiding cases.The third part introduces the published criminal guiding cases and the operation of case guidance system in criminal practice based on adjudicative documents,and sum up the characteristics of case guidance system in criminal practice,including the number of citations in criminal guiding cases is on the rise,the citation frequency difference of criminal guiding cases is obvious,the main body cited is the judge,and the quote is not standardized enough.The fourth part introduces problems of case guidance system in criminal practice based on part three.In the release of guiding cases there are problems like the number of criminal guiding cases is quite small,the content is too concise and the cases lack real guiding significance.In the implementation of the case guidance system there are problems like the practical application is quite less,the quote is not standardized enough,and the lack of relief measures.The fifth part are some suggestions put forward to solve the above problems.First,utilitarian expectations should be reduced properly,and repositioning case guidance system is necessary,so that it can be perfected step by step.Second,case file materials should be submitted when alternative cases are recommended,and relevant judicial instruments should be made public to make sure of the normative nature of the trial process and fidelity of the cases.Third,the standard of guiding cases should be controlled more strictly in order to strengthen the guiding significance.Once again,relief measures for misconduct cited in guiding cases should be granted so that the quote of guiding case would be more standardized and wide.May all these suggestions could be helpful for the perfection of the system.