Jurisprudence Analysis Of The Same Case And Different Judgment

This article cuts from Li Changkui murder, researches into the existence phenomenonof legal norms appliance, that specific performances are the same case and differentjudgment, and the same court with one case, but the judgment is not the same, that analyzingtheir reasons, and pursuing countermeasures of relative uniform appliance of legal norms.This article argues that the reason why these phenomena exist is made up of threeaspects of the judge, the court and the environmental conditions. About the judge, it mainlyis analyzed from a technical subject and technical means in two ways in this article. Theformer is that the discretion of the judges has limitations, which is reflected in power ofsubjective instability and unconscious power instability. These limitations from the bodyare one of the reasons of applicable predicament. The latter mainly refers to law applicablemethod that the major premise and the minor premise from deductive reasoning areuncertainty itself and can not be fully cognitive, therefore its conclusion is not all the truth.Although the major premise and the minor premise are not identified, there is also thecorrect conclusion. Therefore, this method of deductive reasoning in itself will easily makethe same case but different judgment.In the aspect of the court system, this article cuts from the perspective of sociology,through analyzing these defects of the court system bearing the social function to reflectproblems of our courts in the application of legal norms, and the defect of these functionsshows in three aspects: weak function of the courts, lack of checks and balances betweenthe social function of the court, weak immunity of social function. These will lead to thesame cases but the different pronounce.In addition to the factors of the judge and the Court, social and environmental factorslike public and administrative rights, etc, sometimes play a determining effect.In the process of analysis of the above, it references to Posner’s "Empirical theory ofjudicial decision-making ", and using of sociological theories and methods, and drawing onthe theory of local resources from Professor Zhu Suli, analyzing the Li Changkui murder.On this basis, Analyzing empirically in Li Changkui case to confirm the view of this article,it is that three interacting factors of Judge, Court and environmental conditions lead to thesephenomena, look like that the same case but different judgment, the same court with onecase, but the judgment is not the same, Similar cases but different judgment.On the basis of analyzing these phenomena about that the same case but differentverdict, etc, this article thinks to realize relative uniform application of legal norms andthen puts forward some reformed countermeasures. This article discusses that judge thinking, regulating discretion of the judge, Re-positioning court function, in the hope ofthese countermeasures, benefit to legal norms uniform application in a more high-leveldegree.Finally, the article puts forward "social community mechanical model" theory."SocialCommunity mechanical model" refers to it that uniform application of legal norms is thecore target in which judge factor is brain, the court factor is the body, and the social factoris its environment in existence. The reform about the system of the court and the Judgeneeds to establish on the “mechanical model “, which is a systematic social reforms. Thisarticle attempts to provide a jurisprudence support for "Why reform", tries to offer adifferent perspective on "how to reform and innovation".