A Review On The Operation Of Case Guidance System

The case guidance system is based on the actual needs of our country and is formed and developed under the policy of the ruling party.The case guidance system is not only an important part of judicial reform,but also a means of governance for the construction of a country ruled by law,and it also assumes the function of part of the Supreme People’s Court’s policy creation.Therefore,there are many connections between the design and operation of the system and the policy.However,judging from the current constituent elements and operation mode of the system,its policy objective of "unifying the application of law and achieving judicial justice" has not yet been fully achieved.In the past ten years of development,there have been many problems in its operation,such as the external dependence of the operating subject,the lack of public participation in the case screening process,and the vagueness of the effectiveness of the case when it is applied.This article attempts to analyze the constituent elements and operation mode of the system from the perspective of law and policy,point out its shortcomings and shortcomings,and on this basis,put forward a path to improve the system.This article is divided into four chapters.The first chapter is about the practical basis and motivation of the case guidance system.The first section first introduces the law and policy science as an analytical perspective,first discusses the research content of the law and policy science,and expounds the value of the case policy guidance system for usage policy analysis.The second section discusses the practical foundation of the establishment of a case guidance system in my country,including:the policy creation function of the Supreme People’s Court of my country,the development needs of judicial practice in China,and the role of policy guidance and the limitations of making up laws.The third section introduces the policy background of the establishment of the case guidance system,and points out that the system is not only an institutional exploration measure for judicial reform,but also a governance means for the construction of a country ruled by law.The second chapter specifically discusses the constituent elements and operation mode of my country’s case guidance system.The first section first discusses that efficiency standards and justice standards are two general standards for evaluating the operation of legal systems.The second section first introduces the main body of the case guidance system.The Supreme People’s Court is the only authoritative publishing body,which guarantees the authority of the system by virtue of its political status and professional authority.Subsequently,the supporting role of selection,review and other functions played by the case guidance office in the operation of the system is explained.The third section focuses on the selection and preparation mechanism to discuss the object and operating mechanism of the case guidance system.Section 4 discusses the functioning of the case guidance system.The guidance and policy guidance are the two main ways of guiding cases.The third chapter mainly discusses the actual results and deficiencies of system operation.The first section starts with the participation of the main body of the system,and specifically discusses the problem of the dependence of the main body of the system operation and the problem that the non-judge main body cannot be the main body of judicial application in guiding cases.The second section specifically discusses the problem of public participation in the system operation mechanism,and points out the problem of insufficient public participation in the selection and editing mechanism.The third section elaborates on the effectiveness of the "should refer" effect in the system,which is demonstrated from the perspective of legal source,legislative technology,cultural sense,and the way of effect realization.The fourth section specifically analyzes the performance of the actual effectiveness of the case guidance system to fail to achieve the expected goals,including deficiencies in the legislative level,judicial level and functional target levelChapter 4 proposes the perfect path of the system on the basis of the aforementioned analysis and demonstration.The first section proposes a clear "should refer to" effect to solve the problem of ambiguous guidance effect,and the introduction of expert knowledge to enhance its rationality,so as to achieve the purpose of enhancing the actual effect.The second section proposes to improve the operation mechanism of the case guidance system by perfecting the guiding function of the referee’s gist and improving the exit mechanism.The third section focuses on the case guidance system as an important part of judicial reform and as a means of governance for the construction of a society ruled by law.On the basis of these two policies,it proposes its perfect path,that is,it needs to adhere to the development direction of justice for the people,and through the National People’s Congress and Its Standing Committee perfected legislation to make up for the lack of system operation and the lack of effectiveness.The fourth section will focus on how to correctly play the policy guidance function of the guiding case,and propose that the judicial policy should conform to the legislative policy,and the policy guidance should coordinate the legal and social effects.