Study On Judicial Application Of Procuratorial Guidance Cases

In our country,procuratorial guiding cases are a legal application system established with Chinese characteristics to make up for the deficiency of written law,to unify the standard of legal application,to improve the efficiency of procurators in handling cases and to meet the judicial needs of people.Since the establishment of the system,the Supreme People’s Procuratorate has issued 43 batches of 174 guiding cases.However,in the judicial practice,the procuratorial guiding cases have failed to give full play to their due guiding function,so it is urgent to further study the problems in order to realize the original intention of the system.This paper aims to study the nature,functional value and application status of procuratorial guiding cases,analyze their application problems in judicial practice,and put forward relevant suggestions based on the current situation.The text of this paper consists of five parts.This paper uses comparative research method,case study method and literature research method to carry out research.The first part of this paper introduces the research background,current situation,content and methods.The second part analyzes the interpretation of procuratorial guiding cases,and makes it clear that the procuratorial guiding cases system is a legal application system,which has the value function of making up the deficiency of statutory law,unifying the applicable standards of law,improving the efficiency of procurators in handling cases,and meeting the judicial needs of the people.The third part analyzes the application status of the procuratorial guidance case system.By analyzing 35 effective legal documents and comparing the application situation of guiding cases of the Supreme People’s Court from the perspective of the applicable subject,invoking method,applicable region and applicable type of guiding cases of the procuratorial system,the paper concludes that guiding cases of the procuratorial system are mainly invoked by the participants in the litigation in judicial practice,and there is an imbalance in the applicable scope and applicable region.In the fourth part,on the basis of analyzing the current situation of application,the problems existing in the application of procuratorial guiding cases are obtained.At present,there are still a series of problems in the application of procuratorial guiding cases,including: prosecutors lack of thinking and methods for the application of cases,the effectiveness of procuratorial guiding cases is vague,the procuratorial guiding cases lack of reference applicable norms,the scope of application of procuratorial guiding cases is limited,and the application of procuratorial guiding cases lacks institutional guarantee.The fifth part,on the basis of the aforementioned research,puts forward suggestions for better application of prosecutorial guidance cases.It mainly includes establishing the normal training mechanism for prosecutors,clarifying the effectiveness of procuratorial guiding cases,clarifying the applicable norms for reference of procuratorial guiding cases,expanding the scope of application of procuratorial guiding cases,and establishing the supporting application mechanism of procuratorial guiding cases.The practical application value of procuratorial guiding case system can be enhanced by improving the application suggestions of procuratorial guiding case system.