类案同判的证成逻辑与进路

The Forming Logic and Development Approachof the Same Judgment of Similar Cases

司法裁判中的类案同判因其在维护平等原则、信赖保护原则、法的统一性等方面极为重要的意义,逐渐引起学界的广泛关注。根据以类比推理的论证方法为主导、演绎推理为补充检验的论证思路,兼顾依法裁判和个案正义这两个司法裁判中的构成性义务,以待决案例和先例中的基本事实和法律问题为基础,进行相似性判断,以尊重“法”的权威性为前提,针对个案进行“法”的价值判断,最终形成类案同判的证成标准和逻辑。目前学界对类案同判的证成标准尚存在诸多争议,需要通过健全大数据时代的裁判思维,完善类案检索等制度,全面推进智慧司法建设等有效途径来保障该制度的发展和完善。

The same judgment of similar cases in judicial system has gradually attracted extensive attention in the academic circles because of its important significance in maintaining the principle of equality,the principle of trust protection and the unity of law.The judges make judgment on the similarity between cases,according to the demonstration approach which is dominated by analogical reasoning and supplemented by deductive reasoning,while taking into account the constitutive obligations of legal judgment and case justice in the judicial judgment,and according to the basic facts and legal issues in pending cases and precedents.The value judgment of individual cases must be made on the premise of respecting the authority of law.Therefore the forming standard and logic of the same judgment of similar cases have been established.At present,there are still arguments about its forming standard in the academic circle.Efforts must be made to facilitate the development of the judicial system by improving the judgment pattern in the era of big data,updating the retrieval system of similar cases,comprehensively promoting the intelligent justice and so on.