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Study On "Similarly Cases With Different Judgments" From The Perspective Of Unbalanced Development Of Regional Rule Of Law

Posted on:2024-08-07Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2556306914992619Subject:Law
Abstract/Summary:
"Similarly cases with different judgments",refers to different rulings made on similar or identical cases.This phenomenon has caused great harm to citizens’ confidence in the rule of law,social order,and judicial credibility,which is detrimental to maintaining the authority of the judiciary and social harmony and stability.To effectively eliminate this phenomenon,scholars in the theoretical field have engaged in stimulating discussions on the concept,identification,and nature of the issue,achieving fruitful results.Although research on the issue of consistent judgments for similar cases is already profound,scholars’ analysis and discussion on how to eliminate this phenomenon are relatively brief.Some scholars only discuss evidence and fail to address the implementation path,while others only propose principled arguments and lack practical measures.Only a few pieces of literature suggest measures to safeguard the principle of consistent judgments for similar cases from the perspective of artificial intelligence and case guidance systems.There is almost no analysis from scholars on the reasons for the "different judgments for similar cases" phenomenon from the perspective of uneven regional legal development.Therefore,this paper analyzes the influence of regional economic development levels,cultural environments,and legal environments on the level of regional legal development from the perspective of uneven regional legal development.Then,combined with the calculation standards of compensation for disability compensation in the Beijing-Tianj in-Hebei region,the bridal return disputes in Huai’an,Jiangsu,and Tongren,Guizhou,and the typical cases of "consumers knowing fake goods but still buying them," this paper further analyzes the impact of regional economic development levels,cultural environments,legal environments,and different judgment standards formed due to different economic,cultural,and legal environments on the phenomenon of "different judgments for similar cases." Finally,combined with China’s current regional coordinated development strategy,this paper proposes specific measures that are tailored to promote regional coordinated governance,including deepening the coordinated supply mechanism of legal norms,establishing a legal application research and judgment mechanism,and strengthening the comparison mechanism of case retrieval.By doing so,this paper aims to effectively eliminate the "different judgments for similar cases" phenomenon under the background of uneven regional legal development.
Keywords/Search Tags:Similarly cases with different judgments, Imbalanced regional development of the rule of law, Regional collaborative governance
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