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1、1On the Criminal guiding case run existing problems and countermeasuresAbstract In this paper, through the study of the problems in the operation of the criminal case guidance system, the concrete and the idea is to build a criminal case guidance system with Chinese characteristics and the operation
2、 of the judicial practice perspective, focusing on the operation of Chinas criminal case guidance system issues that arise, and try to put forward solutions to these problems and improve the measures of Chinas criminal case guidance system. Paper Keywords criminal the guiding case criminal case guid
3、ance system is running I. Introduction The administration of justice is a dynamic process, would have simply to rely on the legislative and judicial interpretations to maintain the stability of the administration of justice is clearly not ideal in the context of this case, the guiding case with its
4、own user-friendly, specific and vivid advantage of the characteristics to guide judicial officers uniform application of the scale of 2the case, is undoubtedly a good way. should be said that the implementation of the case guidance system, judges benefit and the parties benefit win-win mode. First,
5、the judge hearing the case process, often encounter a lot of facts and legal issues, the judge will normally be actively looking for a solution. judges, the solution is nothing more than four: Scroll of between statute, consulting academia, authoritative, the judge, case guidance. guiding cases tend
6、 to be more direct, more workable. Secondly, the parties to obtain a fair verdict and past cases, to resolve the dispute as soon as possible, receive compensation, punishment of crime is the “last word”. I intend to explore the problems in the operation of Chinas criminal case guidance system from t
7、he existing institutional mechanisms, practices, effectiveness and ability to judge level, and try the various measures proposed to build a criminal case guidance system with Chinese characteristics. Second, Chinas criminal case guidance system works (A current institutional barriers 3This is mainly
8、 talk about the future prospects point of view of from the Criminal guidance case, the most important issue of our criminal case guidance system. Interpretation of the author Qian Wenyi positioning of the criminal case guidance system analysis, and certainly criminal case guidance system of quasi-ju
9、dicial effect, but in the actual judicial practice, the legislature, the judiciary have not yet clearly established criminal case guidance system of quasi-judicial interpretation of the effectiveness of authority is based on the consideration of various factors, for the time being not to the crimina
10、l case guidance system “anteroposterior” This is precisely the cause academics and practitioners of the important reasons of the chaos of the system defined academic criminal case guidance system positioning inconsistent, it was in favor of binding, some people think there is no binding force, and i
11、n turn constrained in favor of binding divided into de facto binding and legally binding . all this controversy not only did not make a new step in the development of the system, on the contrary allows the existence of the system become passive, on the other hand, practitioners want to upgrade 4the
12、status of the criminal case guidance system, but a lack of appropriate legislative, judicial support, and reduced to the risk of “dead letter”. (Existing criminal guiding case the amount needed to meet the needs of trial practice Since 1985 the Supreme Peoples Court announced in a the since the guid
13、ing case, case guidance system in China has spent nearly 27 years, published guiding cases of more than 600 cases. However, the majority of civil cases the main criminal case is relatively small. inspection only the 2002-2011 decade communique of the Supreme Peoples Court will find that the highest
14、criminal cases, but 31% in 2004 to only 6% in 2011, the lowest. In any case, the announcement of the Steering cases remained above a certain number shows that the Supreme Peoples Court hoping to guide the lower courts by issuing these guiding case, trial practice activities Although there has been a
15、 certain number of guiding cases, but more the number of Chinas annual promulgated criminal normative legal documents and criminal judicial 5interpretation, etc., we announced criminal guiding case the proportion of number of obviously can not meet the needs of trial practice now, so that number is
16、still less than normal. (Three judges are not good criminal guide the case to resolve the dispute, co-demonstrate a high degree of repeatability Our country as a statute-based, long-term traditions and practices of the statute so that judges have been accustomed to rely on statutory law to settle a lawsuit the face of the case, the judge first thought was to find the case from the complex statutes should apply specific provides that if there is
