A Study On The Constitutional Control Of The Same Judgment In Similar Cases

As a judicial constitutive obligation,the same judgment in similar cases means that similar cases get the same or similar judgment results,that is,"similar cases are handled similarly." In countries with statutory law,the main function of implementing similar judgments is to unify the application of law and standardize judicial discretion,and to fill legal loopholes under certain circumstances.Judicial philosophy guides judges to make correct legal judgments in difficult cases.The legal concept structure from "established norms" to "individual norms" provides theoretical support for the same judgment in similar cases,and the perspectives of analogical reasoning and deductive reasoning are integrated into similar cases.Co-judgment provides a method path,and the rationality of democratic negotiation of power and rights provides procedural guarantee for co-judgment in similar cases.From the macro perspective of the constitutional system,the constitutional value demands of simultaneous judgment in similar cases not only cover the realization of equal treatment and the maintenance of judicial justice,but also help promote the unification of the rule of law and strengthen the judicial protection of human rights.The advancement of the case guidance system and the implementation of the compulsory retrieval system for similar cases have played a certain role in promoting the unification of legal application standards and standardizing judicial discretion.However,through sampling and analysis of the application of departmental laws in judicial practice,it is found that in criminal,civil,and administrative cases,different courts or the same courts have different judgments and non-class cases are still common.exist.This is not only a manifestation of judicial injustice,but also a serious threat to the unification of the rule of law and the equal protection of civil rights.Moreover,theoretically,there are many dilemmas in the issue of co-judgment in similar cases under the case guidance system,including how to set the generalization of the standard for similar cases,how to control the applicable model of the co-judgment procedure,how to limit the power boundaries of similar cases,and How to construct a supervision and coordination mechanism for different application of laws in similar cases.These issues can seek constitutional values,principles,and normative support from the perspective of constitutionality to ensure the constitutional operation of simultaneous judgments in similar cases.As a value standard,simultaneous judgment in similar cases is the judicial aspect of the constitutional principle of equality.Judgments in similar cases are related to the realization of judicial justice and need to be considered in the constitutional integrated norms and value system.Under the guidance and control of the value of justice,formal justice is the basic obligation of similar cases,and substantive justice is the higher requirement of similar cases,and then a systematic judgment standard is established.According to the formal pedigree of justice,class cases can be understood as a public norm system in the judicial field,and the ideal class cases should meet the uniform requirements of the rule of law,including the arrangement of obedience to legal norms and compliance with the rank of the class case effectiveness system.In terms of formal standards,by linking the construction of the case system with the country’s court system and trial-level system,based on the analogy of legal order thinking,it is established that the guiding cases are unitary and the cases of other people’s courts are multi-polar The hierarchical system of category case regulations provides a solid normative barrier for the uniform application of the law.Since substantive justice is affected by the specific facts of the case and the facts of the social background,and is related to principles such as the protection of rights and freedoms,only by weighing and comparing the value core of the case can the substantive similarity elements of the case be determined.In terms of substantive standards,the uniform application of laws under the constitutional vision should be based on basic rights as the substantive conditions to realize the universalization of judgment standards for similar cases.Fundamental rights as an objective order of value link the specific application of the Constitution and departmental laws,link the constituent elements of rights with the comparison points of similar cases,and realize the integration of the system of judgment and application of similar cases.In order to achieve similar judgments in similar cases,the interpretation method,argumentation rules and argumentation procedures of legal doctrine can be concretized into operable operating rules,and the procedural control of the argumentation of similar cases can be realized.At the level of scope of validity,"simultaneous judgment" implies the same preliminary formal results,the same high-level substantive procedures and the same legal application.At the level of argumentation technology,analogy reasoning is the logical starting point for the same judgment in similar cases,and deductive reasoning is the result test of the same judgment in similar cases.In terms of procedural operation,through rational guidance and control of negotiation,it is clear that judicial cases refer to the equal participation procedures in refereeing and the procedures of negotiation and reasoning,so as to guarantee the procedural justice of similar cases.Under the constitutional framework and order,the design and operation of the case guidance system and the compulsory search system for similar cases have conflicts with the current constitution’s principle of division of labor,principle of trial according to law,principle of judicial independence,etc.,and it needs to be constitutional.Regulation.Specifically,it is necessary to maintain the applicable limits of "simultaneous judgment in similar cases" under the legislative leadership of the National People’s Congress,distinguish the power elements and operating characteristics of legislative power and judicial power;and control the boundary of "simultaneous judgment in similar cases" under the principle of independent trial.Balance the relationship between judicial discretion and the application of uniform law;moreover,it is necessary to limit the reasonable scope of "simultaneous judgment in similar cases" under the protection of justice in individual cases,and realize the compatibility of simultaneous judgment in similar cases and differentiated judgments.In order to ensure the benign operation of the simultaneous judgment system for similar cases and promote the uniform application of the law,it is necessary to construct and improve the constitutional pretrial mechanism for the simultaneous judgment of similar cases by combining our country’s judicial system and the law application divergence coordination mode.The constitutionality pre-trial of similar cases has the function of controlling the selection and application of individual cases,which is conducive to the realization of the constitutionality of similar cases.Based on the consideration of the reasons for different judgments of similar cases in the practice of the case guidance system,it is necessary to clarify the scope of the constitutional pretrial in the same judgment of similar cases,which mainly includes the issue of fact identification in the judgment of similar cases,the application of law,and the reasons for the deviation of similar cases.The constitutionality pre-trial of similar cases shall follow the principle of prudential review,and the constitutional pre-trial shall not be initiated arbitrarily,and the principle of individual case,principle of necessity,and principle of universality shall be observed.Since the court has no right to make constitutionality judgments,in order to open up the channel between the legal constitutionality pre-trial of the court case and the abstract constitutional review of the People’s Congress,it is necessary to establish a dual-track review model for the application of the law in the court’s preliminary trial and the People’s Congress final review.The court’s constitutionality pre-trial mechanism is used to screen the legal norms that are suspected of constitutionality issues,so as to initiate the transfer review process and achieve the convergence with the constitutional review process of the Standing Committee of the National People’s Congress.Based on the provisions of the Legislation Law,it is necessary to match a set of linkage mechanisms between the court and the Standing Committee of the National People’s Congress regarding the constitutionality of the application of the law,to ensure the uniformity and consistency of legal effects.The consistency of the constitutional order realizes the constitutionality of the results of individual cases.