A Study On The Realization Of Treating Like Cases Alike

Treating Like Cases Alike has aroused extensive discussion since it was brought up,which has attracted the attention of practical and theoretical circles.The judicial system gradually regards Treating Like Cases Alike as the internal requirement,and there is also a fierce and wonderful debate on Treating Like Cases Alike in the theoretical circle.With the deepening of theoretical research,a large number of excellent academic achievements are in full bloom.There are a large number of documents focusing on "what is Treating Like Cases Alike" and "why to realize Treating Like Cases Alike".At this stage,we need to pay attention to the equally important topic of "how to realize Treating Like Cases Alike".Therefore,this paper takes the realization path of Treating Like Cases Alike as the research object to explore the systems and measures conducive to the implementation of the principle of Treating Like Cases Alike.Before discussing the realization of the principle of Treating Like Cases Alike,we still need to sort out and explain some basic problems.The first part of the article is the interpretation of the theoretical meaning of Treating Like Cases Alike.Firstly,after analyzing the differences of appellation,it is proposed that "Treating Like Cases Alike" is an accurate appellation;After clarifying the basic divergent pattern of legal principles and moral obligations,it is proposed that Treating Like Cases Alike should be a legal principle.Only by taking Treating Like Cases Alike as the constitutive criterion of justice can it be confirmed that the general effective judgment has practical guidance for the trial of subsequent cases;Finally,the answer to "why do we want to achieve Treating Like Cases Alike" : the reason why we want to achieve Treating Like Cases Alike is that it is the due meaning of the principle of equality,the only way of judicial justice,and a good prescription to improve judicial credibility.The second part of the article,starting from the pre stage of realizing the principle of Treating Like Cases Alike,puts forward that providing Treating Like Cases Alike for the judge accurately and efficiently is the goal and requirement of the similar case retrieval,and demonstrates the instrumental significance of the similar case retrieval to the realization of Treating Like Cases Alike;Next,it focuses on the special type of the search results of similar cases-the guiding cases issued by the Supreme People’s court,and discusses that the guiding cases have stronger binding force due to their advantages of legal origin,but the case guiding system still needs to be further developed,including the increase of quantity,the improvement of quality and the construction of typed publishing methods;At the end,it discusses the judicial intelligent means other than case retrieval,and puts forward that the achievements of intelligent justice,such as case processing reference system and deviation early warning system,can be used as a supplementary path to implement Treating Like Cases Alike,and reminds that we need to pay attention to the limit of judicial intelligence.The third part of the article focuses on the two key steps of the realization of the principle of Treating Like Cases Alike-the recognition of the same case and the realization of the same judgment.At the beginning,based on the analysis of the identification of the same case,this paper puts forward the specific methods of the identification of the same case: qualitative analysis and quantitative analysis;Then it further demonstrates the core operation of the identification of the same case,and takes the actual case as the carrier to explain in detail the typed operation process of qualitative analysis and the plot comparison process of quantitative analysis;Then it focuses on the realization of the same sentence.After combing the requirements of the same sentence,it puts forward that the standard of the realization of the same sentence should be the basic consistency of the actual amount of sentencing crimes.It is analyzed that the essence of the same sentence is the influence and binding force of the first case on the later case.The same case can be used as a strong binding case of pending cases,and the similar case can be used as a comparison case of the sentencing severity of pending cases.The last part demonstrates the relationship between Treating Like Cases Alike and the judge’s discretion.The fourth part of the article takes the crime of traffic accident as the object,and makes an empirical test on the judicial trial of Shanghai in recent two years.The quantitative analysis of evidence can be used as a way to test Treating Like Cases Alike as a whole.Firstly,it designs the overall idea of quantitative analysis,test and judgment.Then it launches the process and results of empirical research,and presents the data processing process and the results of empirical research in a visual way.Finally,the conclusion of empirical research is given: there is still a gap between the judgment of traffic accident crime in Shanghai in recent two years and the requirements of Treating Like Cases Alike;After explaining the conclusions of the empirical research,it is proposed that deviation early warning can be used to help judges unify the judgment scale.