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The Study of the Case Guidance System

Author: ZhangQin
Tutor: KangNa
School: Shandong University
Course: Legal
Keywords: case guidance system guiding case law unification
CLC: D926
Type: Master's thesis
Year: 2013
Downloads: 29
Quote: 0
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Abstract


Case guidance system is the rational response of China’s judicial reform and judicial modernization, to promote and establish a fair, efficient and authoritative socialist judicial justice system has important practical significance. The unity of the judicial organ in China for a long time to explore mechanism of applicable law, the case guidance system is not only a theoretical level can create the knowledge problem, but must do and how to better practice problem. It is in no breakthrough in enacted law under the premise of main legal system in China, the essence of the inheritance of the traditional culture about the precedent system in China, draw lessons from western countries some practice of precedent system, comply with the world fusion trend of two law systems is an innovative mechanism with Chinese characteristics. With its specific situation of the real case to explain enacted law, in its judicial interpretation, endowed with rigid enacted law itself vigor and vitality, enhance the clarity of the written criminal law and predictability. Should from the case guidance system with perfect establishment our country’s judicial system and judicial present situation, the overall consideration for guiding the formation of the case, attach importance to its cooperation and coordination with related systems, establish the corresponding supervision mechanism, make the instructional cases has practical operability, suitable both to also want to have long-term development, but also provides the clues and guidance for the judge in the trial process, avoiding the phenomenon of "different connection with the sentence", make sure the case guidance system with Chinese characteristic, conforms to our country the judicial spirit.

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CLC: > Political, legal > Legal > Chinese law > Justice system
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