According to the differences in the effectiveness of similar cases,it could be categorized into two types:cases stored in the People's Court Case Database(including guiding cases)and ordinary cases.Based on Regulations on the Construction and Operation of the People's Court Case Database,judges should justify the inclusion of cases through reasoning in judgment.For ordinary cases,the Guiding Opinions on the Uniform Application of Law and Strengthening Case Retrieval(Trial)issued by the Supreme People's Court states that"judges may respond through clarification and other means",but does not specify the procedures and methods for judges to address ordinary cases submitted by parties.Ordinary cases are the most frequently submitted cases by parties in judicial practice,so it is necessary to construct a response procedure for ordinary cases to concretize the"clarification and other response methods".The parties shall select a limited number of similar cases accord-ing to the rules and submit them as reasons for defense;The judges guide the parties to debate whether the selected cases are substantially similar or not;after the debate procedure,judges will make reasoning in the judgment regarding whether or not to refer to the ordinary cases.Through the substantive participation of the parties and the procedural response mechanism of the judge to ordinary cases,the dissatisfaction of the parties with unfavorable results can be absorbed,and the acceptability of the judgment can be enhanced.
关键词
类案回应/普通类案/同案同判/可接受性裁判
Key words
Response to Similar Cases/Ordinary Cases/Same Case/Same Judgment/Acceptability Judgment
万方数据