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Establish the Case of the System of Concrete the Idea of Guiding

Author: YangShangZhu
Tutor: FanJinXue
School: Shandong University
Course: Legal
Keywords: The guidance cases Common meal alone to deal with different Mechanism Concept Guidance
CLC: D926.3
Type: Master's thesis
Year: 2011
Downloads: 67
Quote: 0
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Abstract

Similar criminal cases, about charges that, with others to know whether to authorize arrests and some to complain about with no differing opinions。Common cases alone to deal with different in procuratorial organs exist in different forms。In real life, as long as there is 1% of the processing results imbalances, for the parties in the case, it means that 100% of unfair。The same law for the same facts have different interpretation and legal consequences, which directly results in the result of the lack of judicial justice。Our country is in the continental law system country by statute, the influence is deep, traditional not admit that the case method and the source position the statutory lagging and stability of social life difficult to adapt to the development of the case, flexibility and timely performance of the shortcomings of the statutory added。Each year the procuratorial system in accordance with the facts and the law made tens of thousands of has finally decisive and maximum authority decided, such a huge resource wealth procuratorial supervision not available。In recent years, the importance of precedent by law the theory and practice of procuratorial to the attention of the our country, the author put forward the procuratorial case guidance system and louder calls,2010 on July 29 the supreme people’s procuratorates of the eleventh session of the committee of the meeting passed the supreme people’s procuratorate on the guidance of the regulations, a procuratorial case of the system of formal instruction set。To further into the implementation of this requirement, give full play to the guiding role of the procuratorial work of the main points of the four large part to improve the system is the case for the idea。Frist,an instruction system, the case, this part of the concept mainly by reading and the systems of difference, the case and the type of guidance, understanding the case of the system the case law of the system。Second, establishing china’s procuratorial cases to guide systems problems and to establish a suitable for china’s procuratorial development of the guide systems。Third, to propose detailed prosecution case guide formulation mechanism concrete ideas, Procuratorial cases from clear guidance system originated main, To promote the case of the comprehensive guidance。Fourth, establish the case for the management and related supporting the implementation mechanisms to ensure the case may be a system of long-term direction of running。

Establish the Case of the System of Concrete the Idea of Guiding

Abstract

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