Research On The Mechanism Of Reporting And Resolving Differences In The Application Of Law

Achieving uniform application of law is a universal concern of the whole society and it is also an important reform measure of the Supreme People’s court in the trial.In order to reduce the trial pressure of the people’s court,the court is constantly reforming and the trial efficiency of cases has been improved.But the growth rate of cases is on the rise coupled with the emergence of some new situations,this also poses a great challenge to the Supreme Court of Justice adhere to uniform standards.At the same time,new types of cases occur frequently,leading to the people’s court to adhere to the referee scale uniformity facing enormous challenges.Facing the phenomenon of inconsistent judgment standards in the field of trial,the Supreme People’s Court issued a legal document,announcing the establishment of a mechanism for resolving differences in the application of law.The establishment of a mechanism for resolving differences in the application of laws is a further innovation for our country’s judicial system.And avoid conflicts and disagreements between the effective judgments of the Supreme People’s Court.This article starts with the problem of inconsistent judgment scales in online car-hailing traffic accident infringement disputes,adopts the specific provisions surrounding the "Implementation Measures on Establishing a Mechanism for Resolving Disagreements in the Application of Law",learn from foreign practical experience.Through case analysis,this paper explores the specific path to achieve the resolution mechanism of application of law differences in China.My graduate thesis consists of five parts:The first part introduces the basic concepts and value foundations of divergence in the judicial process.Mainly include what is the same case,what is the class case.At the same time,the law application dispute resolution mechanism can ensure that the path of judgment does not deviate,improve the credibility of the judicial process,and promote the fairness of procedures and entities.The second part,the introduction of the problem.In this part,the investigation of the inconsistent judgment path in the traffic accident of network car is mainly introduced.The author analyzes the cases from the Chinese judgment documents downloaded from the Internet,and discusses the reasons from both subjective and objective aspects.The third part introduces how foreign judges deal with the inconsistent trial path.Mainly introduce the two countries of Britain and Germany.The phased settlement system of the application of laws in these two countries is worthy of our reference.The fourth part introduces the identification and application of the differences in the application of law.Mainly include formal identification standards,substantive identification standards and application standards.The fifth part introduces the implementation path of the settlement mechanism of application of law differences.Learn from foreign experience and combine with the current situation of our country.Mainly from the discovery path,review and identification path,solution discussion path,public opinion supervision path and so on.