论"类案类判"的现实困境及解决路径OA

The concept of"similar adjudication of similar cases"faces the dilemma of vague definition of its basic nature and frequent occurrences of"different judgments for similar cases"and"similar judgments for different cases".The causes are complex,including changes in economic development,dynamic adjustments in legislation,professional competence of judicial personnel,and inadequate supporting systems for"similar adjudication of similar cases".The problem of incomplete supporting systems involves unclear value orientation in the application of similar cases,vague identification standards for similar cases,and non-standard citation of key points in similar case judgments.To solve the practical difficulties,measures such as strengthening the construction of case databases,refining the standards for retrieval and comparison of similar cases,and improving the competence of judges can be taken.Judges should uphold the principles of flexibility and innovation,and guard against the mechanization and rigidity of judicial decisions due to excessive reliance on similar cases.