Study on Judicial Application of Procuratorate Guiding Cases

The normative documents on procuratorate case guidance were issued ten years ago. However, compared with the application of the Supreme Court's guiding case, the application of the procuratorial guiding case is not optimistic. The reason is that the internal logic of the guiding case is not unified, the propaganda function and the applicable function are not well carried out, there are problems with the text format, and there is not much room for the application of the procuratorial guiding case. The two batches of guiding cases issued in 2019 have shown marked improvements and progress, and the case guiding system under the requirements of the "four major procuratorial functions" is being formed. The current problem is that the implicit application of the procuratorial organ must be corrected to the explicit application, and the document logical should be strengthened and expressed in the form of documents; moreover, it is necessary to enable legal professional communities such as judges and lawyers to use procuratorial guidance cases for legal application, so that procuratorial guidance cases can be continuously developed and improved.