| The Supreme Court constantly publishes more and more guiding cases,aiming to provide more reference cases for judicial practice and unify the application of law.In the process of reference and application of guiding cases,the problem that has to be solved is what kind of conditions the cases to be judged meet before reference and application of guiding cases.The establishment of the judgment standard of case similarity can neither deviate from the fact of the case itself,nor lead to logical confusion within the standard.As the judgment standard of similarity between cases,the key facts of a case can not only solve the logical confusion between judgment elements,but also return to the content of the case itself,and focus on the facts that affect the legal evaluation of the case.The determination and comparison of the key facts of a case can not be achieved overnight.It needs to be divided into two directions,two ways.Starting from the two directions of the guiding case and the pending case,it needs to be determined by the analysis of the constituent elements and the evaluation of the normative purpose.The first chapter summarizes the current situation of theoretical research on this issue,as well as the problems existing in the application of guiding cases in the process of judicial practice.The second chapter combs the main views of the current academic circles on this issue,and puts forward that the judgment of similarity between cases needs "monism",that is,to take the key facts of the case as the judgment standard.The third chapter analyzes the concept of the key facts of the case,and limits the scope of the key facts of the case from the two directions of legal evaluation and value evaluation.The fourth chapter seeks and determines the key facts of the case from the two directions of pending cases and guiding cases.The fifth chapter is on the basis of determining the key facts of the case,pointing out that the use of analogical reasoning to compare,and then we can determine whether the cases are similar or not. |
