A Methodological Study On The Reasoning Of Adjudication Of Similar Cases In China

The application of reasoning in judicial documents is not only an important means to unify the applicable standards of law,but also an effective way to improve the judicial system and enhance the judicial ability.This paper analyzes and solves the reasoning problems of the case by using empirical and comparative methods,and finally provides a set of methodological guidance and help for the judge’s reasoning of the case.Firstly,this paper examines the application of such cases in judicial documents by empirical method.At present,the reasoning of Chinese cases shows a tendency in practice,lacks the characteristic of substantive argumentation,and presents a lower level of reasoning state.In particular,as the main body of reasoning,the judge presents three problems: "dare not reason","unwilling to reason","can not reason".These problems are not only the subjective reasons of the judge,but also the deficiencies of the system and theoretical research.Specifically,the primary core reason lies in the lack of unified case identification technology,which forces judges to carry out simple reasoning.The fundamental reason lies in the unclear understanding of the methodological principle of reasoning in case judgment,which fails to provide beneficial theoretical resources for judges.Secondly,the methodological principle of the reasoning of class case judgment is composed of two parts.The first part is the discovery principle of class case,namely the principle of class case recognition.The principle of case recognition is based on analogical reasoning,and its main function is to identify case recognition,which is also the premise of case reasoning.The key of the principle of case identification lies in the identification of "relevant similarity".Therefore,it is taken as the core to construct the identification standard of case identification through the similarity of key facts,dispute focus and consequences.The second part is mainly about the proof principle of class case,namely the application principle of class case.The application principle of class cases is mainly built on the basis of inductive reasoning and deductive reasoning,and its main function is to provide guidance for the application of class cases in the judiciary,which is also one of the core of the reasoning of judgment.The key to the application of this principle lies in two points: on the one hand,it is necessary to conclude the applicable rules required by the pending cases from the class cases;on the other hand,the application of the rules must be clear and accurate,which cannot be separated from the help of legal interpretation methods.Thirdly,the experience of reasoning in relevant cases outside the region is used for reference.Both common law countries and civil law countries have relatively mature experience in case application,especially the precedent-following judicial technique in common law system and the case reporting system represented by Germany in civil law system.For the common law system,it emphasizes the extraction of rules from the case,especially the judgment of the similarity between the preceding and the following cases,which is a deductive mode on the basis of analogy.As for the civil law system,it emphasizes the extended application of statutory rules contained in cases.Compared with the common law system,the application of case cases in the civil law system presents a category comparison mode on the basis of deduction.Finally,the reconstruction of the reasoning method of Chinese case judgment.In view of the foregoing our country such cases reasoning practice existing problems.In this paper,based on the existing research,aiming at the lack of necessary process for the identification of class cases,the standardized path of class cases identification is determined."Key facts","dispute focus" and "similarity of behavior consequences" are taken as the preliminary judgment of class case identification,and "value balance" is taken as the ultimate judgment of class case identification,and these three points are clearly reflected in the judgment.Secondly,in view of the problems caused by the application of class cases,the application of class cases is unified by clarifying the rule requirements of cases to be judged,reasonably concluding the rules in class cases,deductive application of rules and interpretation.Finally,aiming at the problem that judges "dare not say" in the reasoning of similar cases,we make our case assembly system by referring to foreign case system to improve it.In order to solve the problem of judges’ reluctance to speak in the reasoning of similar cases,we should construct the relevant safeguard mechanism.