Research On The Operation Of Criminal Case Guidance System In China

"The same case and the same sentence" is the guarantee of judicial fairness and justice in criminal cases,but because of the characteristics of the criminal law itself too abstract and the complexity of the criminal case itself,it is very difficult to realize the judicial effect of "the same case and the same sentence".In order to control the judge's excessive application of discretion and improve the quality and level of the trial of criminal cases,the Supreme People's court has set up a criminal guidance case system to control the probability of the error of judgment due to the subjective consciousness of the judge.The role and function of the criminal guidance case system in the judicial practice of our country are relatively large,which can promote the institutionalization and standardization of the trial work in criminal cases.The main reason for the introduction of criminal guidance cases is to make up the inadequacies of the statutory and judicial interpretations,and to provide reference for the people's courts at all levels to try criminal cases in China through the analysis of the key points of the case.Through the analysis of literature and related cases,the case of criminal guidance is applicable to the characteristics of relevance,conditionality,restriction and evasion,so in the case of reference,it is necessary to make a comparison and analysis of the reference case and the case for trial,in order to determine the case of the choice of criminal guidance and the reference to the case of criminal guidance.Etc..In order to realize the reference quality and effect of the case of criminal guidance,it is necessary to ensure that the case has the times,novelty and universality in terms of case points,sentencing,reasoning and jurisprudence and so on.Only this can provide better guidance for criminal cases.At that time,in the process of application and operation of criminal guidance cases in our country,such as the poor quality of the guidance case,the number of cases,the shortage of novelty,the inadequacy of the main points analysis,and even the analysis of the main points themselves,the judges were not good at participating in the operation.The case,or the strained connection of the two cases,have seriously affected the reference value and role of the criminal guidance cases,and also affect the fairness and justice of the criminal justice work.This paper first analyzes the relevant theoretical analysis,including the analysis of the criminal guidance case system,analysis of the meaning,role and effectiveness of the case of criminal guidance.Secondly,the application of criminal guidance cases is analyzed,including applicable conditions,applicable procedures and applicable methods.Once again,there are some problems in China's current criminal guidance case system,including the lack of case itself,application and defects in the operation process.Finally,in view of the shortcomings of our country's criminal guidance cases,the corresponding countermeasures and suggestions are put forward,hoping to provide reference and reference for improving the reference role and value of the criminal guidance cases in our country.