From Adjudication under Law to Discretion - Methodological Interpretation for the Causes of 'Different Judgments in Similar Cases'

摘要

Hard cases often involve in different opinions because of different trial judges. When different opinions act on specific cases, different adjudication results would be achieved, which is called "different judgments in similar cases". Different adjudication results imply characteristic reasoning processes, factor considerations and legal methods application of judges. Cases with similar forms are classified according to different degrees of adjudication results' compliance with the positive law, and methodology is applied to interpret the subjective and objective reasons for different adjudication results in individual cases, to provide the firsthand empirical data for standard setting of similar cases and uniform application of the law. "Similar cases" is an uncertain concept, lacking normative definition and unified judgment standards, plus reasons including the uncertainty of legal norm's meaning, the result orientation of legal method selection and application, the subjectivity of judge's discretion and so on, the occurrence of "different judgments" is reasonable.