Research On The Difficulties Of The Application Of Criminal Guiding Cases By The Supreme People's Court

By March 29,2019,the Supreme People's Court has promulgated 22 criminal guiding cases in total.However,the application of these guiding cases in practice is not ideal,and many difficulties have arisen,such as the application proportion is on the low side,the application forms are not standard,and the application reasons are not sufficient.This paper aims to sum up the influence and reasons behind these difficulties,and put forward a perfect way to solve the difficulties in the criminal guiding cases of the Supreme People's Court,so as to give full play to its guiding role in the process of application.In the context of Chinese statutory law,judges are naturally conflicted with the criminal guiding cases issued by the Supreme People's Court,and the application of such cases is difficult because the effectiveness of application is not clear,the guiding function of such cases is not strong,there is no effective supervision and remedy mechanism,and there is no uniform application paradigm.This not only hinders the uniform application of criminal law,affects the judicial predictability judgment,but also makes the nature and orientation of criminal guiding cases awkward.But at the same time,these difficulties also give some room for trial and error to improve the case guidance system,to a certain extent,to eliminate the negative impact of low proportion.This paper analyzes 41 applicable cases as of March 29,2019 by means of empirical research,summarizes the status quo of the difficulties,and then summarizes the impact of the predicament by means of literature research and comparative analysis.On the basis of respecting the context of rule of law in our country,the author puts forward a specific way to perfect the case law,which is discussed from three aspects: strengthening ideological cognition,refining system standards and perfecting technical methods respectively.In terms of ideology and cognition,contradiction shall be removed,the criminal guiding cases of the Supreme People's Court shall be correctly understood and application of reasoning shall be emphasized;in terms of system and standards,the standards for selection of criminalguiding cases by the Supreme People's Court shall be improved to clarify their application effectiveness;in terms of technical methods,unified application paradigms shall be constructed to comprehensively apply multiple reasoning methods.