Problems And Solutions Of Unification Of Judgment Standards For Similar Cases In China

Safeguarding the people's rights and interests and ensuring fair administration of justice have always been the values we have pursued in comprehensively deepening the reform of the judicial system.The people's court has been entrusted with the important responsibility of social management,which plays a vital role in both economic development and social stability.In recent years,the people's courts have paid more attention to the quality of cases,and their judicial capacity has been significantly improved.The judicial image of the people's courts is gradually improving.At the same time,the unification of the judgment scale of similar cases has not only become a hot topic in the legal theory circle,but also an important goal pursued by China's judicial reform.However,in judicial practice,due to the conflict between the change of law and legal norms,the different evidence presented by the parties,the uneven quality of judges,regional differences and other factors,similar cases have not reached the same or similar judgment results,that is,the phenomenon of "different judgments for the same case".The different judgment results of such cases not only damage the legitimate rights and interests of the parties to the case,but also reduce the public's trust in the judicial system.Moreover,they seriously damage the unity of the legal system and the judicial authority.Therefore,it is necessary to carry out in-depth research on the unified judgment scale of similar cases in China,effectively regulate the discretion of judges,prevent the emergence of judicial corruption,so as to enhance the credibility of the judiciary,and give play to the active role of the courts in social management innovation.This paper intends to analyze the problem of the unification of the judgment scale of similar cases in China,and expound the way out of the unification of the judgment scale of similar cases in China,so as to standardize the application of laws and solve the problem of different judgments of the same case,so that the people can truly feel the fairness and justice.The main body of this paper consists of the following four parts:The first part introduces the value pursuit of the uniform standard of the judgment of similar cases in China from the perspective of realizing judicial justice,standardizing judicial behavior and improving judicial credibility.The second part,first of all,through the analysis of typical cases and survey data,summarizes the current situation of the unification of the adjudication scale of similar cases in China.Subsequently,from the four aspects of the definition of similar cases,the discovery of similar cases,the application of similar cases and the supervision and management of similar cases,this paper makes a detailed and concrete analysis of the difficulties and problems faced by the unification of the adjudication standards of similar cases in China.For example,the expression of similar cases is not uniform,the retrieval mechanism of similar cases is not perfect,the application of similar cases is not clear,and there are vacancies in the application of supervision and relief mechanism for similar cases and so on.The third part firstly introduces the case system outside the region,analyzes the precedent following system of Anglo-American law system and the judgment deviation reporting system of continental law system,and at the same time introduces the different case technology and reasoning methods of the two legal systems,and analyzes and obtains the extraterritorial experience enlightenment of China in the unified judgment scale of similar cases.The fourth part is also the focus of this paper.In this part,the author puts forward some specific Suggestions for the unified judgment standard of similar cases in China from four aspects:defining the scope and judgment standard of similar cases,improving the generation and retrieval mechanism of similar cases,standardizing the application and adjudication of similar cases,and strengthening the supervision and management of similar cases.Specifically,it includes defining the scope of reference cases,improving the retrieval technology of similar cases,clarifying the applicable premise and method of similar cases,and optimizing the supervision and guarantee of similar cases.