"Should Refer to":Appropriate Adjustments in"Like Cases Should Be Treated Alike"
The core of Chinese case guidance system is"should refer to",which connects the system goal of"like cases should be treated alike"and the method of applying guiding cases."Should"indicates the obligation of judges to apply guiding cases,but"should"is limited by"when judging similar cases".This transforms the obligation to apply guiding cases into conditional obligation,which means that pending cases are similar to guiding cases."Refer to"does not point to analogical reasoning,but rather indicates that the judge,based on the judgment conclusion of similarity and the differences between the pending case and the guiding case,appropriately adapts the guiding case to the judicial consequences of the pending case.The organic combination of"should"and"refer to"in"should refer to"points to the obligation of the judge to make appropriate adjustments to"like cases should be treated alike".
Should Refer toLike Cases Should Be Treated AlikeAppropriate AdjustmentsSimilarity
NETL
NSTL
万方数据
