Similar Case Thinking In References Of Solved Cases In Qing Dynasty

“Same case with same judgment and different cases with different judgment” is a basic requirement of judicial justice.In Chinese ancient judicial adjudication,there had been a tradition of referring to previous cases.In Qing dynasty,a system of reference to solved cases was developed based on historical judicial experience and preserved complete case reports.In this article,by sorting and analyzing the juvenile homicide cases in Collection of Criminal Cases,Increase or Reduction of Penalty in Solved Cases of Ministry of Punishments and Collection of Refuted Cases,I explored how “solved cases” were referred in juridical practice in Qing dynasty based on application of these solved cases during measurement of penalty.Through the study of these cases,I summarized the characteristics of reference to solved cases in process of judgment in Qing dynasty that is adhesion to provisions of law,case-based judicial precedent,multi-case reference and meticulous comparison;analyzed the positive role of reference to solved cases in interpreting rules of law and plugging legal loopholes etc.;as well as negative influences such as restraint of legal development and determinacy of increase or reduction of penalty.By correlating reference to solved cases in Qing dynasty and similar case retrieval in contemporary time,I explored the similarities on the aspects of purpose,method and nature and also analyzed the differences in terms of governance ideas,reference scope and binding force based on the historical and social background.From the practice of adhesion to provisions of law in reference to solved cases in Qing dynasty,we are inspired to recognize the auxiliary position of similar cases and adhere to text of law in a judicial process;as to the practice of matching judgment with circumstances of crime and upholding consistency in judicial administration in individual cases in comparison of solved cases,we are inspired to reserve certain room for discretion and avoid rigid stereotyped judgment.The comparison of similar cases should start with individual case with an aim to pursue substantial justice and consistency in judicial administration.The way of sorting of cases in Qing dynasty’s cases collection also inspires us to make constant innovation in collecting and sorting similar cases and construct a similar case chain-based group platform.Such a similar case-based group platform should origin from typical cases with an extension based on common derivative or controversial points of similar cases and demonstrate the unique point of reference an individual case compared with the other cases in the same group,so as to facilitate clearer and more convenient positioning of similar cases and better give play to the role of similar case retrieval system in promoting consistency in application of laws and judicial credibility.