Research On The Realization Of Unity Of Judicial Decision

The same case receive the same ruling, which is a core element of justice. "Equality before the law" is a modern legal state recognized basic principles of the legal application of the principle of equality is a concrete manifestation in the judicial field. Equal application of law, must pursue the law applicable to the unity of mechanism and applied results.However, whether it is legal supervision of administrative examination and approval and implementation of the main referee uniform method or the uniform judicial interpretation of a judge discretion, each group had many problems. This paper argues that the administration of justice outside the court for approval mode and oversight mechanisms are in fact the legal supervision of the embodiment of philosophy. Because of this oversight is not a proper understanding of philosophy's purpose and role of judicial power, so the process is running in the system did not achieve the desired results, but also brought more problems, making judicial power can not be its role. And uniform judicial interpretation of a judge discretion in a way that led to the discretion of the hidden operation, abuse of discretion for the judge to provide the space.To truly realize the unity of judicial decision, we need not only a variety of internal and external oversight, more importantly, to establish a right of appeal restricted to the jurisdiction of the guidance for the concept of the proceedings, the judge restricted by law and the parties discretion, and through the guidance system to the discretion of dominance, and the discretion to implement the principles of rules to control or control. Improper judicial bureaucracy of the current management system of rule of law reform, such reform must play the role of judicial power for the purpose, principles of due process for the transformation. Resolutely abolish the wrong cases accountability system, change the outcome of the ruling set the wrong attribution of the traditional thinking, disciplinary system for judges, judges of the violation of the procedures to strict regulations and punishment. To truly achieve the unity of judicial decision, we also need to address judicial discretion. We need guidance system, and follow the rules of discretion. The only way to achieve truly effective referee uniform.