Research On The Ways To “Accord Consistent Judgement Of Similar Cases”

The concept of according consistent judgement of similar cases is closely related to the unity of legal application and judicial fairness,and it is of great necessity to study in this new era of building a socialist rule of law society with Chinese characteristics.The most fundamental issue in exploring according consistent judgement of similar cases is to distinguish vocabulary concepts."Similar cases" should be "similar cases",and "consistent judgments" should be "similar judgments".Regardless of whether the case or judgment is similar or alike,it is not limited to being completely identical.The standard for judging similar cases is a difficult point in the issue of according consistent judgement of similar cases.In recent years,the legal community has explored this issue extensively,and scholars have provided rich opinions.The highest court has officially provided practical standards,that is,similar cases in basic facts,controversial points,and legal application issues.At first,the issue of according consistent judgement of similar cases was quite controversial,and there were some views in the academic community that according consistent judgement of similar cases was not feasible or equivalent to fairness,and was not worth pursuing in judicial work.But these views cannot fundamentally negate the concept of according consistent judgement of similar cases.In fact,the concept of according consistent judgement of similar cases has both the necessity and feasibility of implementation,and is an important manifestation of judicial fairness.From the emergence,characteristics,and impact of some typical similar case judgments,it can be seen that the difficulty of according consistent judgement of similar cases stems from the stability and abstractness of the enacted law itself,which makes the application of the law always unable to rely solely on the provisions on paper.In addition,the decision-making process of cases is influenced by the subjective judgment of judges and the influence of social public opinion,and the environmental differences caused by regional differences can also become the reason why many similar cases are difficult to accord consistent judgement.Different judgments in similar cases can harm the legitimate rights and interests of the parties involved,erode judicial credibility,and is not conducive to social stability.Therefore,in practice,the Supreme Court of China has gradually introduced a guiding case system,similar case retrieval and reporting system,etc.to promote the realization of according consistent judgement of similar cases.The current mechanism of according consistent judgement of similar cases in China is in its formative stage,and there are still problems such as inefficient case retrieval systems,chaotic case databases,and a lack of reference rules for similar cases,resulting in low retrieval efficiency and low retrieval enthusiasm among judges.At present,we should focus on the problems exposed in practice of according consistent judgement of similar cases,and then appropriately study the relevant foreign systems to further improve the according consistent judgement of similar cases mechanism.The focus of the next step of reform work should be to build a unified and authoritative case retrieval platform,which needs to have precise and efficient case retrieval functions,and cooperate with the construction of a comprehensive case database.At the same time,the Supreme Court should actively supplement the reference rules for similar cases,promote the realization of according consistent judgement of similar cases from both platform construction and rule construction,and promote judicial fairness.