Research On The Function Of Case Guidance System

At the end of 2010,the Supreme People's court and the Supreme People's Procuratorate of China(here in after referred to as the "two highs")respectively promulgated the provisions on the guidance of cases to the whole country.The established case guidance system refers to the guidance case system determined and approved by the two leaders to guide the national interrogation and inspection work.Although the "two high" made clear instructions when establishing the case guidance system,its "guidance" function and role in judicial practice did not fully play out.Therefore,under the urgent requirements of reality,the problems that need to be improved in the case guidance system are gradually highlighted.In essence,the implementation of the case guidance system will guide judicial personnel and the public to pay more attention to the case and consider the case,so as to gradually produce a "resonance" in the judicial community and even the whole society,and lay the conceptual foundation;around the case guidance practice,the case research institutions and the results of the guidance case study,and carry out comprehensive and in-depth research Research,make people gradually see some misunderstanding,also began to explore the theoretical system of case study with Chinese characteristics.Secondly,the application of guiding cases is an art,which requires the action and skill of the subject of litigation to distinguish and compare the control cases,extract and apply the rules.By using the guidance system of creating and practicing cases,the judicial personnel's ability of case understanding and practical manipulation has also been enhanced to a great extent.This paper is divided into four parts: the first part chooses the concept,origin,characteristics and value of the case guidance system to explain.First of all,through the introduction of the history of the concept of case guidance system in China and the relevant regulations of other countries and regions in the world,the legal meaning of the concept of case guidance system is clarified,and the differences between case guidance system and judicial interpretation,case law and cases with guiding role are analyzed one by one,which paves the way for the following discussion on the function of case guidance system.The second part is an overview of the function of the case guidance system.Through the elaboration of the concept,characteristics and internal mechanism of the case guidance system,it analyzes each function of the case guidance system in China,and elaborates the important functions of the case guidance system itself,such as judicial political function,judicial function,guidance function,education and publicity function.The third part is a deep analysis of the specific problems and current situation of the realization of the function of the case guidance system in China,that is,the impact of the function of the case guidance system itself on the judicial system and the role it plays.The administrative selection method and the authority of the case are questioned;the creation rules that do notapply to the specific laws also make the case guidance system play the role of policy propaganda or guidance.The fourth part talks about how to improve the case system of other countries,then to establish its own system,improve the judicial authority of guiding cases and so on.The conclusion part,the foothold of the case guidance system in China,is also the fundamental starting point of the implementation of the case guidance system with Chinese characteristics,that is,can the case guidance system achieve judicial unity?There is no doubt that the role of case guidance system in China's judicial system is positive,but scholars from all sides have different opinions on the size of the role and future development.Whether the function of case guidance system can promote the unification of judicial practice in China.