| The Criminal Guiding Cases of the Supreme People’s Court is an important measure to summarize the trial experience,unify the application of the law,improve the quality of the trial,and maintain judicial justice.In essence,it is the legal precedent with Chinese characteristics and in line with China’s national conditions.The emergence of criminal guiding cases is a major institutional innovation on the road of judicial reform in China.At the same time,the legal principle of crime and punishment are the core rules of all criminal norms and systems,its strictness leads to strict application conditions of criminal guidance cases.Therefore,this article focuses on the legal principle of crime and punishment,and takes 21 criminal guiding cases and 88 criminal cited cases as the research objects to discuss the self-positioning,judicial application problems and reform programs of criminal guiding cases under the legal principle of crimes punishment.The first part mainly introduces the significance of this article’s topic selection,research review,research ideas and methods.First of all,in the sense of topic selection,the author specifically explains why the guiding criminal case was chosen as the research object.Secondly,by reading the literature,the author briefly summarizes and analyzes the theory of criminal guiding cases,in order to explore the evaluation and analysis of criminal guiding cases by the academic circles.Finally,the author carried out the research by means of case analysis and literature reading.The second part explains the legal principle of the criminal guidance case is the unity of the form side and the substantive side.At first,we explore the basic theory of the principle of legality,and then discusses the correlation between the criminal guiding cases and the principle of legality from the perspective of the legal principle of crime and punishment,that is,the criminal guiding cases conform to the principle of legality,which is consistent with the legal principle of crime and punishment.In the third part,the author extends the function,effectiveness orientation and administration of criminal guiding cases from the perspective of the principle of legality.In the author’s opinion,the emergence of criminal guiding cases belongs to the categoryof "judge’s interpretation of law",and the work of "interpretation of law" should be carried out within the scope of criminal legal norms.At the same time,criminal guiding cases only have the binding force between facts and norms,that is,the reference force,guide the judge to build a bridge between facts and norms,better apply the law,and maintain the judicial unity.On this basis,the author believes that the administrative release mechanism is to comply with the principle of legality,that is,criminal guiding cases will inevitably promote the development of the principle of legality.The fourth part is the current situation of judicial application of criminal guiding cases.The author takes 21 cases of criminal guiding cases and 88 cases of criminal citation as the basis and the principle of legality as the main line,in order to discuss its application characteristics and shortcomings in the process of case analysis.The fifth part discusses the difficulties in the process of its release or use on the basis of data analysis.For example,although the criminal reference cases have a high reference rate,the base is small,the criminal reference cases have a high reference rate but there is no guidance for reference,the form of the case is not uniform,and the main points of the judgment focus on restating the judicial interpretation.The sixth part starts from the dilemma of the case analysis in the fourth part,and finds the solution path that conforms to the legal principle of crime and punishment,such as determining the selection criteria that are more clear but conform to the statutory requirements of legality,regularly releasing the criminal guiding cases,and unifying the forms of cases. |
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