Research On The Dilemma And Countermeasures Of The Practice Path Of Co-judge

Simultaneous judgment in the same case means the same judgment in the same case.Whether it is the term “simultaneous judgment in the same case” or similar judgment in similar cases as some scholars call,it means that two identical cases should yield the same judgment result.Co-judgment occupies a core position in the modern rule of law.The realization of co-judgment in the same case is not only conducive to the unification of the application of law,improving the efficiency of the trial,but also achieving the ultimate goal of judicial justice.However,the practice of co-judging in the same case is based on legal principles.There are two main aspects: first,the difference in the definition of the concept of the same case,and the second,the difference in the judgment standard of the same case.The difference in the definition of the concept of co-judgment is to fundamentally distinguish the authenticity of co-judgment propositions.In theory,the reality of co-judgment is now the mainstream view,but there is still a strict concept In terms of definition,it resolves the proposition of co-judgment in the same case in an attempt to break the foundation of cojudgment in the same case on the basis of semantics.The divergence in the judgment standards of the same case is the biggest obstacle to the realization of the same case.There is no consensus in the theoretical circle,but the identification of the same case has been implemented in judicial practice,which is very important for the guidance in judicial practice.Cases with similar cases refer to the applicable guiding case judgments.The judgment standards in judicial practice are not supported by a unified theory.It is more the judge’s selfjudgment.In specific cases,the judges can refer to the applicable guiding cases.It is not necessary to refer to the applicable Guiding Cases.The refereeing of the Guiding Cases can explain where there are similarities between the two.At the same time,it may refer to the applicable Guiding Cases or without explaining the similarities,and it is not necessary to demonstrate if it does not refer to the applicable Guiding Cases.This shows that this leads to confusion and arbitrary judgment standards,so that the same case cannot be realized.The realization of co-judgment in the same case should firstly lay a foundation based on legal principles,and justify the legality of co-judgment in the same case.Then,in combination with my country’s specific judicial practice,by summarizing the judgment standards of judges in judicial practice,it is necessary to integrate and quantify the practice of co-judgment.Case judgment standards guide the way forward for co-judgment in the same case.This article first starts from the conceptual definition of co-judgment to find out the rationality of the semantic interpretation of co-judgment.Secondly,by analyzing the jurisprudence basis of simultaneous judgment in the same case,it proves the realistic necessity of the existence of simultaneous judgment in the same case.Through the judgment and application of co-judgment in practice,we found the reference and shortcomings of co-judgment in practice.Finally,through a summary of the aforementioned issues,corresponding measures are taken to achieve the goal of simultaneous judgment in the same case.