Research On The Procedural Mechanism Of "Same Judgment For The Similar Cases" In Civil

The unified application of law is an important way to realize the rule of law and an important guarantee to realize judicial justice and improve the quality of justice.And "different judgments for similar cases" is just contrary to the unified application of the law,which is an important issue that academic circles and judicial practice have been concerned about in recent years.In order to solve the "different judgments for similar cases" and unify the standards for the application of the law,the Supreme People’s Court issued in July and September 2020 the Guidance(Trial)on Strengthening the Search For Similar Cases in the Application of Unified Law(hereinafter referred to as the "Search Opinions for Similar Cases")and the Opinions on Improving the Working Mechanism of the Standards for the Application of Uniform Law(hereinafter referred to as the "Unified Law Application Opinions")two important normative documents to promote "same judgment for the similar cases" implementation in judicial practice.The introduction of the above two documents has put forward standardized requirements for the procedural mechanism of searching similar cases,judging similar cases,applying similar cases,supervising trials and relief in similar cases,etc.to promote the same judgment of civil cases.However,the establishment and implementation of the procedure mechanism of civil "same judgment for the similar cases" in our country has just started,and its perfection still needs the support of practice and theory.Based on the previous research results,combined with the normative documents and judicial practical experience of the procedural mechanism of promoting civil "same judgment for the similar cases" promulgated by the Supreme People’s Court,this paper puts forward some suggestions to improve the procedural mechanism of civil "same judgment for the similar cases" in China by using the methods of case analysis,comparative analysis and normative analysis.The results of the study show that in order to solve the problems of the procedural mechanism of "same judgment for the similar cases" in civil and realize the "same judgment for the similar cases",it is necessary to improve from four aspects.First,in the search mechanism of similar cases,standardize the use of search results of similar cases and ensure the implementation of the search mechanism of similar cases;second,in the judgment mechanism of similar cases,grasp the method of judging the similarity of similar cases,and formulate guidelines for judgment of similar cases;Thirdly,in the application mechanism of similar cases,while appropriately restricting the discretion of judges,it is necessary to standardize the application of guiding cases;finally,in terms of improving the trial and relief mechanism of similar cases,it is necessary to promote the implementation of the president of the court and the trial the committee’s trial management function,and draws on the experience and enlightenment from outside the territory,establishes a case deviation reporting system.