检察机关案例指导制度研究诉讼法学专业论文.docxVIP

1 1 2 2 Abstract The system of case guidance for prosecution is a judicial system of chinese characteristics,which is that the supreme peoples procuratorate is based on the attorney practice ,select universal guiding significance cases to provide guidance and reference for procuratorial organs and promote a fair implementation of harmonization of laws .researching the system of case guidance for prosecution , it make efforts to solve the problem of two levels: first, the necessity and value of theoretical level, the second is the practical level of the system design and operation rules. This article is about 30,000 words ,divided into five parts,: The first part is an introduction. This section introduce the background of establishment of the system of case guidance for prosecution, and make a distinction between the procuratorial organs case guidance system and the case of judicial interpretation of the supreme peoples procuratorate, the court systems case guidance system and the precedents of the common law , and then point out that the nature of the system of case guidance for prosecution is a system of judicial application . The second part discusses the theoretical value and practical significance . At the theoretical level, the system of case guidance for prosecution is good for making up the statute of limitations, such as lag, abstraction, generality and so on, constructing the operational guidance system with mainly of judicial interpretation and supplement of guiding cases , enhancing the adaptability of law enforcement of the procuratorial organs; at the practical level, he system of case guidance for prosecution is conducive to a unified law enforcement standards, improve the work efficiency of the procuratorial organs; conducive to standardizing the procuratorial organs discretion, and promote judicial justice; beneficial to play the prosecutors judicial activism, improve the level of prosecution investigators. The third section describes the basic cont