Research On The Operation Of Criminal Case Guidance System In China

The criminal case guidance system has been operated for more than 10 years,the Supreme People’s Court（hereinafter referred to as the "supreme law"）and the Supreme People’s Procuratorate（hereinafter referred to as the "Supreme People’s Procuratorate"）have successively issued a number of regulations and issued multiple batches and multiple criminal guidance cases,and the public’s attention to the guidance cases has gradually increased.The view of multiple values and respect of criminal guidance authority based on the criminal guidance system,this paper carries out the following research.The first chapter theoretically explores the effectiveness and value of criminal guiding cases.The effectiveness of "should refer to" given to criminal guiding cases and its value in judicial practice are the foundation of the operation of criminal case guiding system.The second chapter is the empirical analysis of the current situation of criminal guiding cases.This paper selects the criminal judgment documents of criminal guiding cases quoted by China judicial documents network as a sample,adopts the methods of data analysis and chart drawing,Indicates the applicable status of the crime wizard event and summarizes the problems existing in the present status of criminal guiding cases.First,the situation of being quoted is poor;Second,the citation of criminal guiding cases is not standardized;Third,there are problems of unbalanced application in terms of applicable charges,applicable subjects and applicable court levels.The empirical investigation of the above problems provides a practical basis for the suggestions and countermeasures finally put forward in this paper.Chapter 3 discusses the application status of crime induction cases and the reasons for their application.Generally speaking,the number of crimes is low,the distribution of areas is unstable,the construction needs to be improved and the response to social concerns is not timely.In the application of criminal guiding cases,there are some obstacles,such as imperfect criminal case database,judges’ cautious citation of guiding cases under the influence of the rule of written law rules,and the lack of guidance,supervision and relief mechanism in the citation procedure.The above reasons lead to the problems of low citation rate,cross category reference,non-standard citation and so on.From the perspective of comparative law,the fourth chapter investigates the generation ways and judicial application systems of jurisprudence in five countries: Britain,the United States,Germany,Japan and France.It is a basic consensus that precedents have binding force on court decisions,but the developed distinction technology in Britain and the United States makes the principle of precedents excluded from application in some cases.Germany’s deviation from precedent reporting system strictly stipulates the binding force of precedent in procedure by setting the processes of submission and appeal.Japan has provisions allowing judges to make judgments contrary to precedents and allow appeals.The enlightenment to China is that the change of precedents goes hand in hand with the unity of the rule of law.By solving the conflict between pending cases and guiding cases by means of appeal and report to determine the judgment results,we can quickly confirm the judgment conclusions of pending cases,avoid the long delay of cases,and contribute to the development and improvement of the rule of the times and the law.The fifth chapter puts forward the path to optimize Operation of the supervision system in criminal matters.First,generation: it is suggested to expand the reporting sources of criminal guiding cases and increase the quantity supply;It was indicated that the structure of precedent case was improved,and the main role of precedent case of criminal case was strengthened.Second,management: it is suggested to improve the construction of criminal case database and provide technical support for judges to hear cases;Establish a timely clean-up mechanism for criminal guiding cases to ensure the timeliness and practicability of guiding cases.Third,judicial application: it is suggested to explore the construction of judgment rules for similar criminal cases,so as to guide judges to accurately refer to and quote criminal guiding cases;It is suggested to explore the incentive mechanism for the judicial application of criminal guiding cases,and encourage judges and other litigation subjects to actively apply criminal guiding cases;It is suggested to establish the supervision and relief mechanism of the criminal case guidance system,standardize the citation mode of criminal guidance cases,and allow the subject of litigation to appeal or appeal against the judge’s deviation from the criminal guiding case or failure to respond.Fourth,it is suggested to strengthen the education of criminal guiding case law,because the practicality and application of case teaching help to establish and consolidate the authority of criminal guiding cases.The above suggestions are expected to provide reference for optimizing the operation status of the criminal case guidance system.