论刑事典型案例的指南作用-刑事诉讼法专业论文.docxVIP

3 3 本文通过论述要达到的预期目标是：第一，在我国司法实践中，刑事 案例并没有起到其应有的作用，期望通过讨论，引起理论界和司法实务界 对刑事案例作用的重视。第二，对法院系统发布的两类刑事典型案例进行 了梳理，对刑事典型案例的指南作用做了展开论述，期望这些论述能为该 领域的深入研究提供一些基础性的资料。第三，对加强刑事典型案例指南 作用的路径提出了自己的初步看法，期望这些微薄的看法能为我国案例指 导制度的建立提供一点思路和想法。 关键词：刑事典型案例 刑事司法解释 法官个案解释 作用 定罪量刑 PAGE PAGE 1 Abstract Since 1985, the China People’s Supreme Court issued typical cases on “the Peoples Supreme Court Bulletin”. This behavior has aroused discussion about the case system in academic circles. Because of a variety of reasons, the case system hasn’t been built as schedule, and the study on the case system gets gradually bleaker. From 2002, Zhongyuan District court and other district courts successively started to try out the case guiding system. Besides, the China Peoples Supreme Court announced the second reforms outline for 5 years about the courts, which regulating the standard and perfection of the case guiding system. Those two behavior aroused discussion and attention once again. Under this background, the author does a research on the guiding case. Another aspect, when common criminal regulation linked up with the concrete case, the judge spontaneously handle the case according to the judgment previously, besides criminal law and judicial interpretation of criminal law. Reinforcing the function of the criminal typical case can reduce the deviation when the common criminal regulation linked up with the concrete case. This is the direct reason that the author does the research. The article is composed of four chapters, about 31000 Chinese characters: The introduction chapter brings forward the question, commenting the reason that reinforcing the function of criminal typical case. Chapter one makes a semantic analysis on the type and range of the criminal typical case. Firstly, describing the concept of the criminal typical case, and then differentiating and limiting criminal typical case with the criminal case and judicial interpretation of criminal law. Secondly, carrying out analysis on two kinds