Dissertation > Political, legal > Legal > Chinese law > Theory

On the criminal case guidance system

Author JinHaiYan
Tutor SunJianMing
School East China University of Political Science
Course Procedural Law
Keywords Criminal Case Guidance system Dilemma Perfect
CLC D920.0
Type Master's thesis
Year 2009
Downloads 51
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With the deepening of China's legal construction, China's legislative system become more and more complete, continue to enhance the quality of the administration of justice. Under the premise of the rule of law, improve the environment, national legal awareness to continue to enhance the authority of the law began to be reflected. The growing concern about judicial behavior is consistent with the spirit of the rule of law in real life. Closely reported to the media on the case of Xu Ting the retrial attention of the public occurred in earlier times \The law itself implies a fair, uniform, determine the concept, the public often also by co-sentenced to interpret and experience the concept of rule of law. Therefore, how to build with Chinese characteristics, in line with the current process of the rule of law and the people wish jurisprudence system mentioned in the agenda of China's highest judicial organ. As early as October 26, 2005, the Supreme Court has clearly raised the idea of ??the establishment and improvement of our case guidance system and systems, the highest judicial organ in China have realized the dire need of our criminal justice case guidance system, because the case guidance system more space than in the field of organizational method in the field of behavior method is more effective than in the area of ??property rights in the field of personal rights. Important as the protection of public order and safeguard people's personal and property laws, criminal laws, combined with the special nature of the criminal justice, to establish a criminal case guidance system in China is particularly important. In our criminal procedure written legislation to guide judicial behavior using a generalization the abstract mode orientation, on the one hand, the universal guidance for the operation of the judicial, but on the other hand, it also brings the judicial operability drawbacks, this gives the legal profession as well as the ordinary people are brought on the understanding and application of inconvenience, and sometimes there will be a variety of judicial interpretation of the same provision. The same time, due to China's criminal justice exists in practice a number of internal and external administrative mode of hundreds of referrals to the inertia of thinking, the trial judge, there is often a dependency the superiors cases guidance inert, so practice often non-standard cases guidance phenomenon. These defects exist not only directly affect the independence of the judiciary, the easier the birth of judicial corruption. Therefore, the community have called for the establishment of a systematic and authoritative case guidance system to address these deficiencies. In summary, the establishment of the criminal case guidance system designed to make up for the deficiencies of the criminal statute law does not prevent the judiciary is not independent, reasonable to limit the judge's discretion, to prevent corruption in the judiciary, enhance social credibility of the criminal justice benefit. Intuitive, it has concrete judicial characteristics judiciary dialogue with ordinary people a bridge to the proper exercise of the power in their hands will guide the judicial officers, and thus provide more comprehensive judicial resources for the operation of the criminal proceedings. Therefore, our criminal case guidance system is a litigation practice based on important legal system to meet the reality of justice demand effects. However, above the Supreme Court to build a case guidance system introduced nearly four years, even though China has achieved in the field of the results establish a new system, but there is still a considerable gap between the contingent effect should we expect . Current existing criminal case guidance system the lack of a clear positioning, the provisions of the Supreme Court itself in principle strong, poor operability; rules enacted around presents dispersion, the lack of binding effect on the judicial unified; same time, system-building is not a complete support system, therefore, in the effective mobilization of legal resources, not yet a regulation and integration of performance. These objective has become the bottlenecks and obstacles to further promote the construction of China's criminal case guidance system. Criminal case guidance system construction in the future, we need to reform and improve the existing system drawbacks to building criminal cases guidance in line with China's national conditions. I believe that it is necessary first of all in the process of reform of the system clear: we need to build a criminal case guidance system, the properties of the sources of law, but also assisted a special judicial interpretation of written law. In such a legal resource positioning under the premise, and then formulate and promulgate procedural safeguards such as the construction of the case system from the macro to do further refinement, a clear and specific operating procedures, given the system of the National Criminal Justice Trial reality guide the binding effect; effective implementation of safeguard its binding deal with violations of the proceedings of the criminal case binding behavior, give the necessary supervision and attach to the corresponding legal responsibility; perfect guidance related supporting systems and criminal cases, so that The criminal case to play to its functions and role.

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