Research On The Realization Of Similar Judgements Of Similar Cases

The Regulations of the Supreme People’s Court on the Guidance of Cases,issued in 2015,provide that guiding cases have reference effect on similar cases under consideration.The Opinions on the Implementation of the Judicial Responsibility System of the Supreme People’s Court(Trial)issued in 2017,stipulates that the judge handling the case shall have the obligation to search and produce search reports on similar cases and related cases.The Guidance(Trial)on the Application of Uniform Law to Strengthen Searches for Categories,issued in July 2020,further elaborates on the retrieval of cases.With the advancement of the rule of law,the public’s awareness of the law has been continuously improved,which puts forward higher demands on the rule of law.Similar trials in similar cases meet the expected requirements of the people for the law,can regulate the discretion of judges,and promote the unification of the application of the law to a certain extent.In the actual judicial activities,due to the generalization and lag of the law itself,the different levels of justice in different regions,the different operational ability of the judges and other factors,resulting in similar cases did not produce similar verdicts,that is,the emergence of " different judgments for the same case"phenomenon.This is not only difficult to achieve case justice,so that the legitimate rights and interests of the parties are protected,but also let the public question the fairness of the judiciary,reduce the credibility of the judiciary,hinder the process of uniform application of the law.In order to solve these problems effectively,it is necessary to achieve similar judgments in similar cases,so as to guarantee the predictability and unity of the application of the law,which is of far-reaching significance in facilitating judicial trial and judicial reform.The purpose of this paper is to analyze the relevant problems existing in the judgments,expound the method and path of realizing similar judgments in our country,solve the problem,and promote the uniform application of law.This article consists of four parts.The first part expounds the theoretical basis of similar judgments in similar cases,introduces the debate between the theoretical circles on it,and expounds the connotation of similar case and similar judgment,and puts forward the necessity of similar judgments of similar cases and the significance of the application of uniform law.The second part introduces the extraterritorial situation of similar judgments of similar cases,and provides reference for the realization of similar judgments in China through the introduction of the system of jurisprudence representing the country by common law system and civil law system.The third part introduces the problems in the current situation of trial of similar cases in China,and analyzes them from the aspects of the unity of the judgment scale,the personal cognition of the adjudicator,the application of guiding cases and the application of the search mechanism of similar cases.The fourth part expounds the realization path of China’s similar case judgment,through the analysis of the actual situation and the reference of extraterritorial experience,puts forward the realization path of establishing a unified standard of similar case adjudication,speeding up the construction of specialized judges,perfecting the case guidance system,perfecting the search of class cases and related cases,strengthening the supervision of class cases,etc.,with a view to solving the problem of different judgments for the same case.