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Probing about Criminal Judicial Precedent of China

Author: HeGuoRui
Tutor: HaoAiJun
School: Taiyuan University of Science and Technology
Course: Procedural Law
Keywords: Criminal Case Case guidance system Co same sentence Judicial interpretation
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 89
Quote: 0
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Abstract


Justice most essential, the most original, the most simple requirement is \Supreme People's Court and Supreme People's Procuratorate issued a case guidance system, to solve China's current statute of limitations and the co-contracting with the social reality of the issue is not unity, but our case guidance system at this stage there are still some shortcomings: a case guidance system is positioned in the legislation is not clear; Second, the main case guidance system created diversity; Third, it shall have no legal effect; four case guidance system is applied in practice in a non-uniform; Fifth system of supervision relevant supporting mechanism is not perfect. Criminal cases between people's liberty, property and even their lives, and its importance is no doubt, therefore, first of all improve our criminal case guidance system is essential. Criminal case guidance system of jurisprudence of criminal case guidance system can solve the problems: First, in the legislation of criminal jurisprudence positioning; second is the subject of criminal jurisprudence created has its own particularity; three criminal jurisprudence legal effect; Fourth criminal jurisprudence in judicial practice provides a uniform application of binding, and promote legal justice, safeguard judicial authority. By analyzing the two legal case law system, and learn from Japan and China Taiwan's case law system, the author proposed to build the system of criminal jurisprudence of two modes: one is the clear fact that a criminal case has the effect of criminal jurisprudence judicial release If you do not perform, the parties may appeal as a justification or reason appealed to require judicial verdict dismissing a retrial or trial procedure for trial supervision; Another model is based on the case of China's current system, based on the system of jurisprudence Case , Construction, judicial interpretation of a criminal case, it has the effect of quasi-judicial interpretation. From the above two models look, both are in line with China's basic national conditions at this stage, do not violate our constitutional system. As China's criminal case guidance system requires the emergence and criminal case guidance system of continuous improvement, I believe that the second model more in line with China's current laws apply. Construction of criminal jurisprudence system is a long process, not an event, the development of China's system of criminal jurisprudence, both adhere to our Constitution and the fundamental principles of criminal law, but also adhere to the basic legal principles of its own. Build China's current system of criminal jurisprudence, to the existing criminal case guidance system as a basis to gradually improve, it institutionalized and standardized.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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