On Analogical Reasoning In The Guidance System Of Criminal Cases

Criminal case guidance system is an important part of China's case guidance system.The birth of the criminal case guidance system.In order to solve the embarrassment of "different judgments" in criminal cases.To safeguard the certainty and fairness of criminal law.Analogical reasoning is the basic way to realize the objective of the criminal case guidance system.The application process of the criminal guidance case is deductive reasoning based on analogy.Guiding path: extract the essence of criminal judgment and point out abstract legal rules.The key to the application of criminal guidance cases is to compare whether there are legal similarities and correlations between pending criminal cases and criminal guidance cases.In order to determine whether the criminal guidance case is applicable or not.The comparison of similarity includes three parts: the basic facts of the case,the constitutive elements and the main points of the judgment;the comparison of the correlation is relatively simple and is only the legal interest protected by the criminal law.The concrete application of analogical reasoning in criminal field is mainly reflected in two aspects: criminal legislation and criminal justice.Among them,the application of analogical reasoning in criminal legislation is mainly embodied in: the fictitious provisions,the applicable provisions,and the illustrative provisions in the criminal law.In order to reflect more intuitively the specific application of criminal guidance cases in criminal justice.The article selects the criminal guidance case No.4: Wang Zhicai intentional homicide case and Final criminal judgment No.33 of the Hunan Provincial higher people's Court of 2015: The intentional murder of Zhang Peng.The similarity and correlation between the two were compared as observation objects.