A Study On Assessment Mechanism Of Guide Case

With the large-scale development of the Guide Case system and the revision and improvement of Chinese laws,timely assessment of Guide Case has become inevitable.The Guide Case is limited which requires itself to be perfected and developed during the evaluatiaon.Through the scientific and rigorous assessment of Guide Case,it is possible to fully understand the operation of the Case Guidance System in China's judicial practice,and also to facilitate the execution of Guide Case cleanup and compilation.Based on the comprehensive investigation of the necessity and feasibility of the implementation of the Guide Case assessment mechanism,this paper focuses on the scientific construction of the Guide Case assessment mechanism in China,including the evaluation principles,assessment subjects,assessment targets,assessment criteria,assessment procedures,etc.The preface briefly introduced the background of the Case Guidance system,and elaborated on the importance of the research of Guidance Case assessment system,and clarified the main issues and ideas to be discussed in the full text.Guide Case assessment shall be decided by the Supreme People's Court and directed by an independent third party agency to implement it,and there shall be wide participation of stakeholders and the public.The object of the Guide Case assessment is the "class case file" with the serial number "Guide Case No.xx" issued by the Supreme People's Court in its own name.As of May 1,2018,there were a total of 92 such Guide Case.For "Guide Case No.1”to "Guide Case No.92",the contents of the Guide Case assessment are whether the selection and preparation of the guiding case is normative,whether the function is achieved,and how well it is implemented and how it is operated in judicial practice and the impact on all aspects of society.The assessment subject should follow the basic principles of judical justice as the value orientation,all-round,whole-process assessment,and scientific and practical assessment in the process,and adopt a combination of social empirical survey methods,normative analysis and empirical analysis,quantitative analysis and qualitative analysis methods,cost-benefit analysis methods and other assessment methods.In the specific process of the Guide Case assessment,the evaluation subject initiates the Guide Case evaluation procedure,formulates the evaluation plan,conducts data collection,and conducts investigations.Finally,it comprehensively collates and analyzes the assessment report,and guides the evaluation report according to the content of the assessment report.The cleanup of cases and the work plan for the next phase are rationally arranged or adjusted.The smooth implementation of Guide Case assessment requires a scientific,logical,and operational indicator system as a guarantee.The article designed a set of guiding assessment-index system with four levels of indicators.A systematic assessment of the Guide Cases and their operations was conducted from the four dimensions of the guidance,case,function,operation,and society.