Research On Adjudication Standards Of Similar Cases In China

Improving the mechanism for similar cases and ensuring that previous cases can be used as a reference for judges to make judgments,is a significant institutional guarantee for unifying the application of law and promoting judicial justice.With the improvement of law-based governance,the attention of people to the judiciary is increasing day by day.How to respond to the call of judicial system reform and make the people feel fairness and justice in each case has become a difficult problem that all courts must face.Similar treatment of similar cases and equality before the law are the basic requirements of the rule of law principle.To meet the people’s expectations for judicial fairness,it is necessary to unify the adjudication standards of similar cases and standardize the application of laws.Although the Supreme People’s Court has issued a series of policies to promote the consistency of the judgment standards of similar cases,there are still large differences in understanding of the meaning of similar cases in judicial adjudication,and their judgment standards.In this study,based on the analysis of the current situation of Chinese judgment standards for similar cases,the problems existing in the definition of similar cases in Chinese judicial judgment have been exposed.Whereafter,by comparing the case system outside the region,analyzing the precedent following system and analogical reasoning of Anglo-American law system,exploring the collections of cases and reasoning method of the similar case in the continental law system,and drawing lessons from the experience of the two legal systems,this work has improved the phenomenon of different judgments of similar cases in China.Specifically,it can be regulated from facts,laws,evidence,and procedures,to achieve the unification of adjudication standards of similar cases.