| Similar cases in non-similar judgments have always been a topic of concern to both the theoretical and practical circles of law,proving that the existence of this phenomenon has both worrying parts and aspects worthy of reference.In judicial practice,cases of similar cases in non-similar judgments have occurred from time to time.Whether it is from the aspect of fact finding or the application of law,it is a challenge to judicial fairness and a challenge to legal certainty.There are many reasons for this phenomenon.The author starts from the analysis of the key facts of the actual judgments of some cases,compares the reasons for the judgment of the case and the judgment results,and expounds the harms and advantages brought by similar cases.This paper adopts the parallel structure,and gradually expands the discussion.In the continuous thinking,it expresses its own viewpoints in the article through various ways such as combining literature and reference materials.This paper is divided into four parts to discuss similar cases in non-similar judgments.The first part is the judgment of similar cases and the judgment of non-similar judgments.It tries to analyze and judge the concepts of similar cases and non-similar judgments from different angles,and combines the case law with the distinction of key facts.The difference in the application of law makes a logical judgment on the definition of similar cases and non-similar judgments.The second part is the analysis of the causes of similar cases in non-similar judgments.It starts from the different aspects of legal norms,judicial independence,judges' personal values,etc..Starting from the legal norms themselves,and carefully analyzing the ambiguity of the legislative language to bring the trial work.The inconvenience,the differences in the application of legal norms for various reasons,the different external and internal undue interventions of the judicial system,and the differences in judges' personal value judgments.All aspects of the cause of this phenomenon are analyzed.After the reform of the judicial system in China,the reform of the court system and the continuous improvement of the case guidance system will be thoroughly analyzed.The third part is to discuss the negative and positive effects of the phenomenon.From the negative impact of similar cases in non-similar judgments,one party may have a negative internal evaluation,and the certainty of legal norms is shaken at the same time,and more important.It is an undue influence on judicial authority.From the positive impact,it can bring positive feedback while producing adverse effects.It guarantees the fairness of the results for the independence and particularity of the case,and promotes the discretion of judges to exercise discretion.The judge to pay more attention to the reasoning of the instrument in the process of writing the judgment.The fourth part is to find out the causes of similar cases in non-similar judgments by analyzing the judgment of similar cases and the judgment methods of non-similar judgments.After explaining the negative and positive impacts caused by them one by one,they put forward some measures for prevention and response that they believe,perfect the case guidance system unique to the socialist rule of law system with Chinese characteristics,and guide the correct application of guiding cases.At the same time,it is necessary to accelerate the reform of the judicial system on the basis of improving the personal ability of judges and realizing the personal value of judges,and adhere to and improve the system of case diversion to achieve a unified law application.It is hoped that the judicial practice will be carried out with meager strength,so that it can provide corresponding suggestions for judicial personnel to conduct trial activities,etc.,and play a good role.With the increase of the public awareness of law-abiding,the guidance of good public opinion,try to avoid similar cases.The emergence of unreasonable phenomena in non-similar judgments. |
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