China is not a case -law country, but China is gradually establish their case guidance system. This system is established, in order to make up for the purpose of legislation and judicial interpretation, ensure justice unity.
On August 15th China law society and tsinghua university held a seminar, vice-president of the supreme people’s court and the supreme people’s procuratorate SuZeLin vice procurator-general of the JiangJianChu talked about this one case of molding guidance system
Law is from Beijing weekend reporters
“Now some legal scholars, even practice circles, encounter some difficulties, the first thought of judicial legislation, but some questions are not because she couldn’t appear in accordance with law, but because can be lax.” A legal scholar regrets.
China is not a case -law country, but China is gradually establish their case guidance system. This system is established, in order to make up for the purpose of legislation and judicial interpretation, ensure justice unity.
Due to limited by legislative system of the ascendant, great. July 2009, henan provincial education in henan province was established the system of administrative penalty case instruction, case system into the administrative areas.
On August 15, Chinese law and tsinghua university held a seminar, vice-president of the supreme people’s court and the supreme people’s procuratorate SuZeLin vice procurator-general of the JiangJianChu talked about this one case of molding guidance system.
SuZeLin, vice President of the supreme law:
Focuses on regulating public authority
China’s current case guidance system has substantial progress, first is unified thought, judicial cases with laws may guide the relationship and some different views, but now has no thoughts obstacles.
China’s case instruction system exactly what to do, and its foreign prejudication what major difference, we are gradually clear idea of construction. Of course, this system finally still quite a long time. A few years ago, I was in the Supreme Court, in henan province, fujian province and the practice in constructing the case investigation department in the guidance system of measure, I feel first or in concept innovation.
This system is to what we should do more to right to regulate the judicial organs. I think that, as a legal system, its prevention and education function is the first case guidance system is not exceptional also.
So-called education function, the case is a living will put out facts and law, so that people can read, understand and know what they should do and what not to do, What is illegal, what is the legal education function, and the legal verdict later than may function better warning.
Case instruction system to another important function is to regulate the power, this is very important, and all, but I feel the public power should be standardized, and private right, because of public power, protecting the right of citizens too strong, should be an important legal rights.
Accordingly, build case guidance system should be wider vision of public power, there are some of the private rights cases of extrusion is indeed serious, first is must regulate guiding system of judicial power, I agree, because I am engaged in judicial work is to judicial criticism is many, we are confronted with many embarrassed, because the jurisdiction is finally barrier, but I also think case guidance system to regulate all public power, and that is why now to make oneself of public security organs case instruction.
As a system, case instruction system could not accomplish in one move, nor may once, this system will deepen, expanding, horizontal surfaces can study more wide some, this can gradually. In some cases, there is not much significance, but it may reflect our system construction in a significant, as some major cases, how to guide the trial, but not from this case, can refract the situation, culture, etc.
In addition, our current case study method of the guidance system is relatively primitive, should be practical and theoretical circle, the effective integration of resources, introducing high-tech means. As if from putted forward to build his political authority, it is costly, but by a third party, such as some universities, they have exquisite talent, economic strength, also have the ability to study, I believe we can do well.
The highest inspection deputy chief procurators JiangJianChu:
Due to the opinions
China has its own uniqueness case system, public security organs have their case system, and is mainly focused on court abroad, so we need to take to Chinese case system and function of the species.
In the primary stage of socialism, the current situation of China’s teaching cases, but for many cases of severe shortage.
How to construct Chinese case guidance system, I have the following some hope:
We used to guide the case applicable law, the construction in the future, can increase for reform, coordinate relations between judicial organs etc.
In accordance with the law, but not expressly prescribed by law of circumstances, in order to solve these problems, can create the guidance of some cases?
Now we are on the entity guiding cases of cases, procedural case could exist. For example, we put on some questions, procedures for the link, it can take some case to guide?
Cases of professional committee of the system construction of case can play a role.
Such as committee can oneself Ed in some cases, in addition to these cases can, for example, the comparison superiority on the typical cases, the standard and the applicable condition, the relationship between the system etc. Also, in these cases can evaluation? I hope to professional committee of the case to the judicial China a strong role.
Case instruction system to overcome “codefendant different.”
The Supreme Court has always attached great importance to use case instruction of lower courts to help judge judicial work, correct understanding and applicable laws, improve the quality of handling plays an important role
Law is reporter at the weekend
The Supreme Court by two ways to guide the trial work: one is the judicial interpretation, a case.
ZhouDaoLuan legal authority, will China from 1949 founding case system establishment and development of inductive for four stages.
Founding
Seriously by using case to sum up experience
“So, founding in quite a period, due to the limited historical conditions, the court is not known, but according to the policy according to law. ZhouDaoLuan said.
At this time, the civil law and criminal law, legal procedure, has issued guidance case become the Supreme Court trial is an important form of work.
As in DongBiWu elected President after the Supreme Court, he advocated by summing up the experience of the form to instruction trial work. When compared to the success of the judgment that later work, even influence the legislative work, is summarized. The girl case adultery,
When the girl crime adultery Supreme Court in 1953, assemble an all typical cases, examined in 1954, drafting a disposal.
After two years of inspection, the Supreme Court judge summarizes experience and further drafted the famous “since 1955 adultery removal, the case check summary Supreme Court judge in 1957 commission on April 30th session # 26 issued by.
“As far as I know, the summary in handling cases of adultery girl now is valuable.” ZhouDaoLuan said.
DongBiWu presided over another influential experience, and penalties and sentencing is summarized by.
This is a summary of the background is formed, since the founding of the criminal case handling, and has accumulated rich experience, but due to imperfect legislation, judicial organs in criminal cases, and determine the punishment for not consistent.
Therefore, 1955, October, DongBiWu to criminal cases of crimes, penalties and sentencing by summarizing, to overcome this chaotic phenomena.
Hence, the Supreme Court, assemble and review the court accepted 19200 a criminal case, including 5,500 cases as research foundation of material and reference some criminal trial experience, the material of common criminal trial work at nine, 92 such crimes and 10 penalties.
“In summary, then 1217 pieces of intentional homicide cases, there was convicted in 217, chaos phenomena can see.” ZhouDaoLuan said, “concluded, the Supreme Court sentenced to give the intentional homicide case 7 cases, has attached to 10 years in prison for four more possessed, and two other supplement case. After discussion, summarizes the unit, including charges, including case, sentencing.”
Before 1985
Through the internal documents issued by the case
In 1988, on April 1st, the Supreme Court ZhengTianXiang dean of the National People’s Congress to seven in a meeting of the Supreme Court, the work report issued by the case of lower courts as the supervision work of the important measures taken.
He said: “for 5 years, the Supreme Court has issued a formal, mainly is a case 293 to some major and complex criminal cases of some unified sentencing standard; the emergence of new criminal cases of conviction, sentencing trial; problems of some fresh in reform, opening up and economic provide examples of civil cases.”
In many cases, a 293 in 1980 to 1984, with the Supreme Court documents issued by the form of internal.
These documents has been dubbed “the supreme people’s court documents/editing” criminal cases, and such names, in some cases, the Numbers of the Supreme Court has added unusually.
This case 293 can be divided into five categories: one is to put the fault as illegal crime, Second is the nature of the crime is not accurate, Three is to sin as a sin, Four is applicable legal right, 5 is the applicable law is not correct.
Since 1985
In the communique issued on a regular basis
Founded in 1985, the Supreme Court, the supreme people’s court, the communique is the Supreme Court trial work and our public official documents of the judicial system is important, is the Supreme Court announced important laws and judicial interpretation, judicial documents and typical cases and other relevant information of the statutory publications.
The communique was issued the first 15 cases, including the criminal cases, 8 cases of seven, some cases, the Supreme Court added unusually.
1985-1994 only 10 years, the Supreme Court in the communique issued by various cases in 168.
In case the communique regularly posted on the case of China towards standardization system has the development direction.
First, the choice of the case, “general requirement is standard, which has certain typical representative in the process of reform and opening, the new type, the applicable law, namely the difficult cases of applicable law and judicial explanation right”. ZhouDaoLuan is introduced.
Secondly, a clear case of sources, apart from Supreme Court court decision, ruling, the case from the local court has decided cases.
Once again, the choice of the case program.
The case was caused by the central work. In 1989, April 29, the Supreme Court RenJianXin dean hosted in the central leadership ShenWeiHui, state Supreme Court into full play to the highest judicial organ function, the Supreme Court to “central request more judicial explanation, especially the current legal system is not perfect, under the condition of incomplete law, more should do more to make more; at the same time, some cases”.
He said, “though we are not case -law countries to lower court, but the case is a trial work well guidance and reference function, and issued by the supreme people’s court case only to do”.
During this period, all the cases in the communique issued by the public, openness and transparency greatly improved.
The program also released the case, then set is, all must pass before the Supreme Court ShenWeiHui discussion, dean of foreign individuals can host, but cannot decide cases ShenWeiHui can release.
Nowadays, the Supreme Court announced the bulletin of the case have two kinds, one kind is called a case, the fact is that “all documents ZhouDaoLuan”, that one.
“The referee documents a referee interiors, case is a subject, and now all the message to the referee subject. My individual opinion is, in fact, the referee message” than the abstract “more accurate, because” the referee message from the verdict of “the legal principles or rules, reflected the legislative and judicial interpretation of the spirit.” ZhouDaoLuan said.
Since 2005
Case instruction system to overcome “codefendant different.”
25 “outline” reform is the Supreme Court first in documents officially proposed to establish and perfect the system of instruction, case law case in unified guidance for guiding the lower court judgment standard, the work, to overcome “to” the phenomenon of different jail.
From 60 years of the case, we can see that the system of review:
The case was accompanied by national legal system, the development of construction in judicial practice, through summing up experience unceasingly, and gradually establish and develop together.
The Supreme Court has always attached great importance to use case instruction of lower courts to help judge judicial work, correct understanding and applicable laws, improve the quality of handling plays an important role.
25 “outline” reform we see construction with Chinese characteristics, the prospect of cases, though guiding system in the case of the effect on such problems as main body, there are different views, need further study, but to establish the system of Chinese characteristics, both academic case guidance law, and have made consensus.
Chinese law case studies of professional committee of China WuGe said, the process of the construction of the rule of law, experiencing from text declare to the case of the historical evolution and guidance law system with Chinese characteristics, “the building, building” to the existing rigid and cases of bricks. “active