The Methods Of Judging Similar Cases And Differential Treatment

The law cannot perfectly presuppose all possible situations in advance.When emergencies occur,the applicable standards of the law will become blurred,and its original flexible space will be highlighted.At this time,the judge inevitably has discretion in the trial of the case.When the outcome of the case is ambiguous,the unification of the judge’s ruling standards becomes critical,because even in each of the different judgments,the judge can reasonably give reasonable evidence,and it still cannot eliminate the public’s doubts about the unfair judgment of the case."The same situation and the same treatment" is not only a requirement of the constitutional principle of "Everyone is equal before the law",but also reflects the most direct perception of justice by ordinary people,and reflects the strong demand of society for equality and justice.As the premise of the same case and the same case judgment,the significance of the case-like judgment for the construction of the rule of law in China has been gradually recognized,but its specific application in litigation activities is still facing practical exploration and experience reflection.The core problem that this article wants to solve is what is the similar case judgment method,on this basis,the special case of differential treatment is discussed.Then,the discussion is carried out at the level of value judgment and practical method.Except to the introduction to the first chapter,it is divided into three chapters.First,the value basis for the judgment of such cases.This chapter discusses from two perspectives:the tradition of legal ethics and legal reasoning.The reason why this article puts the "value-based analysis case judgment problem" in the first part is that value orientation is the premise and key to solving all problems.Professor Zhang Zhiming once evaluated value judgments and believed that " Value judgment is the first thing for system construction "."Value first" is determined by the fundamental purpose of the law in resolving social contradictions.Just as Professor Zhang Qi’s point of view,law is established to solve the problem of "legitimate",not just the question of "is it right?" So law is only a tool,and its significance is to resolve contradictions and maintain social peace.Second,the method of judging cases.This chapter starts with the judicial status of case-like judgments,studies a series of systems and techniques that assist case-like judgments,and then summarizes similar cases from the qualitative aspects of"qualitative analysis of the nature of cases" and "quantitative analysis of the circumstances of cases".Method,and the method is tested through typical cases.Finally,an analysis of the recently discussed "methods for judging cases through artificial intelligence innovation" is discussed,and it is believed that the wisdom of judges is still in an irreplaceable position.Third,the differential treatment of case judgments.This chapter discusses the causes of differential treatment and the two approaches to governance.Differential treatment can be divided into two type’s according to the causes.The first is the"exception of differential treatment" under the principle of equality,which is not a class of cases;the other is the abuse of differential treatment,which is a judicial error.What we need to govern is the latter.By accurately identifying the differences between the two,unifying the scale of judgment,and strengthening the mechanism of supervision and accountability,the phenomenon of differential treatment can be reduced.In summary,value judgment belongs to the discussion at the value level,and the judgment method of the case and the differentiated treatment of the case judgment belong to the discussion at the practical method level.Among them,differentiated treatment,as a special case in case judgment,identifies and governs it,which helps to promote the correctness of case judgment.Co-judgment and co-judgment have significant practical characteristics.The search for judgment methods for similar cases requires the use of practical methods to advance under the guidance of the value basis.But no matter which approach we choose,the key factor that determines its success is"people" even the institutional construction that emphasizes rationality and objectiveness is no exception.