Study On The Legal Basis Ang Implementation Path Of "Same Case And Same Judgment"

The unified application of law is of great significance to the realization of the goal of deepening the reform of the judicial system.It is an urgent jurisprudence problem to find the method and path of unified law application.The unified application of law is reflected in the judicial process,that is,the pursuit of the same case and the same judgment.Although there are still disputes about the authenticity of the same case in theory,it is undeniable that similar cases in practice have become an important factor for judges to make judgments.Influenced by the statute law system,precedents in China do not have a formal legal source status,and following precedents is not the daily life of our judiciary.In China ’s judicial practice,the phenomenon of different judgments in the same case is endless.It can be seen that the development of the system of the same case has certain limitations.The fundamental reason is that the limitations of the law itself can not meet the complex and changeable case situation.The current case guidance system and case retrieval system in China are to make up for the defects of statute law and realize the value orientation of the same case with the same judgment.However,the operation mechanism of the two systems still needs further development to effectively help the realization of the same case with the same judgment.In addition,although discretion is the proper meaning of the judicial adjudication process,the exercise of rights should be reasonably regulated,and the same case with the same judgment as the normative system of judges ’ discretion should play a greater role.In view of the above reasons,we should comprehensively explore the effective path to realize the same case and the same judgment at the theoretical and practical levels.At the level of legal norms,we should try to make the legislation clear and unified,and the unification of legislation is the fundamental guarantee for the unification of law application.At the level of institutional guarantee,on the one hand,the operation mechanism of the generation,screening,compilation,application and withdrawal of guiding cases should be improved.On the other hand,the case retrieval system is an important practice for artificial intelligence to enter the judicial field and an active application of judicial intelligence in China.The construction of the case retrieval system should be strengthened to ensure the efficiency of the case retrieval system from the perspective of ensuring the retrieval and discovery of the same case and the predictive supervision mechanism of the same judgment.At the level of judicial practice,further improve the position of judges.