Research On The Same Case And The Same Judgment In Civil Cases

“Same judgment in the same case” is the key content of judicial reform in my country.However,due to the rigidity of statutory law and the subjectivity of the judges,there are still many obstacles to the realization of “same judgment in the same case”.This article believes that a civil case similar to a pending case,that is,"the same case" can effectively reduce the impact of the rigidity of the statutory law and the subjectivity of the judges on the decision of the case.It has an important reference and guiding role in the case to be resolved,and ultimately promotes “same judgment in the same case”.Therefore,in accordance with the characteristics of civil cases,this article analyzes the practical problems that hinder the realization of “same judgment in the same case” in our country from the four perspectives of identification,supply,retrieval and application of “same case” and gives new suggestions.The main body of this article is divided into the following five parts: The first part is to point out the phenomenon of “same case but different judgments” based on the status quo in the practice of civil cases in our country and carry out statistical analysis on this phenomenon.The content of the second part is mainly to correctly understand the “same judgment in the same civil case”,explain the legitimacy of “same judgment in the same civil case”,and determine the scope of“same judgment in the same civil case”.The third part analyzes the practical problems that hinder the realization of “same judgment in the same civil case” from the identification,supply,retrieval,and application of the "same case",such as no “same case” identification standard in civil cases,the supply of “same case” is small,“Same case” search has shortcomings,“same case” application defects.The fourth part discusses the relevant regulations of the United States,Germany,Japan and the places that my country can learn from.The focus is on the precedent principle in the United States,the distinguishing technology of judging cases,and the case system established by Germany and Japan by absorbing the experience of case law countries.The fifth part is to make targeted improvements in the four aspects of “identification,supply,retrieval,and application of the same case.” Such as determining the identification method of civil cases,improving the selection mechanism of guiding cases,and the search system should be consistent with civil cases.