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The legal method is the professional thinking and technology of the legal community，Applicable occasions applied to case law，What you want to deal with is the problem between facts and specifications，It aims to find legal in the case、Regardless of legal decision or judgment。The inherent aspect of the legal method is legal thinking。The latter refers to in the long -term legal career practice，Analyze through special legal language、Inference、Explanation、A subjective process of activities such as judgment and demonstration。In recent years，The problem of unified legal application has attracted much attention from the theoretical and practical circles。The academic community surrounds this topic，Many works have been launched to date。September 23, 2020，The Supreme People's Court held a press conference，Published the "Opinions of the Supreme People's Court on improving the standard working mechanism of unified laws to apply standards"。Previous，The Supreme People's Court has a series of standardized documents on the application of unified laws，This problem is highly valued。Actually，Law uniform application itself contains the requirements of legal methods。Legal methods help promote the unified application of the law。The relationship between the two is very close。In the current China，System construction and improvement of the unified application of law，​​Need to pay attention to and play the role of legal methods。

　The significance of the unified application of legal methods for the law

Application of law can be from the system (or mechanism)、Professional ethics、Legal methods and other angles to regulate，To achieve the unified application of law，Then realize judicial justice。The regulations applied to the law are mainly from the two levels of the external and inner and internal。Among them, the legal method is the inherent restraint force applied to the unified legal，It has a cognitive function of the unified application of the law、Supervision function、Evaluation function、Remedial function Bet365 app download and service function。Legal methods The restrictions on the law are mainly manifested as thinking orientation、Technical path and knowledge consensus。So，Legal methods are the inherent regulatory forces that are applied to unified legal，As the German jurist Weide said，Law methodology has equal treatment of the stability of the law。And，For legal workers，The role of self -supervision on the loyalty of the method。In the judicial referee，Legal methods as practical skills used by judges，Have the function of the intermediary，Can provide a basis for judicial ruling，Fortunes between Flood Standards and Facts。Legal methods can also propose criticism of criticism for law，to improve the legitimacy and legitimacy of the referee。More importantly，Legal methods can ensure the unified application of the law，Improve the validity of the court's judgment。

In judicial practice of countries in Europe and the United States，Law uniform application is greatly valued，It is also a goal of rule of law。Mainland Law Department takes the formulation method as the main source，Formulation of law rules accumulated rich experience in the unified application of judicially。British and American Critical Critical Critical Acting Affairs Adhering to the Principles of "Follow the Preceding"，It is the unity that pays attention to the application of case law。From the experience of some countries，In the unified application of law，Legal explanation、Legal reasoning and other legal methods has been given important technical guarantee。If the German Federal Supreme Court jurisdiction，That is to comprehensively use the judicial technology of "legal interpretation" and "the continuation of the law"，Finally, with the legislators, participate in the joint construction of the actual law order，Therefore, "Judicial Unity"。The Supreme Court of European countries before trial、The trial process and the three stages of the trial，There are some unique systems to play an important role in ensuring the unified interpretation of the law。For example，Preventive interpretation system, including judicial interpretation and case consulting system、Case review system of the Supreme Court in the trial activity，and after the judgment stage, the subordinate court's compliance with the legal interpretation system of the Supreme bet365 live casino games Court。Unified legal interpretation of the law undoubtedly helps promoting the unified application of law。visible，As a common legal method，Legal explanation plays a significant role in the unified application of the law of the Supreme Court of European countries。

　　Law uniform application should pay attention to legal methods

Generally speaking，In recent years，my country's judicial practice community focuses on the construction of the unified application mechanism of law，For example, uniformly referees in judicial interpretation，A joint meeting with the Judge Chief、Professional judge meeting uniformly referee，Applicable to the unified law of the trial committee。The research room of the Higher People's Court of Jiangsu Province passed empirical research in 2007，Proposal to build a legal communication mechanism，To realize the unity of law applications。The actual operating state of this mechanism is: Judge Joint Meeting、Judgment Business Research Example、Reform or send back to re -review case exchange opinions、Case please instruction system。Since the release of "The Second Five -Year Reform Outline of the People's Court (2004-2008)"，Several reform outlines launched by launch are exploring and improving the mechanism of unified legal application。It can be said，Existing practices pay attention to the discovery and identification mechanism of unified application of law、Review and Discussion Mechanism、Specific restraint mechanism、Supervision and management mechanism and supporting guarantee mechanism。

In recent years，The Supreme People's Court issued a series of guidance documents for unified legal applications。For example, in February 2012, "Guidance on the Practice of the Freedom Tailoring in the Executive Work of the Judgment"、October 28, 2019 "Implementation Measures on Establishing Laws for Different Differential Solution"、July 27, 2020 "Guiding Opinions on the Application of Unified Laws and Strengthening Class Classification (Trial)"、July 31, 2020 "Opinions on Deepening the Comprehensive Supporting Reform of the Judicial Responsibility System"、September 14, 2020 The Supreme People's Court "Opinions on improving the standard working mechanism of unified laws to apply the standards of the law"。These documents are especially densely introduced in the past two years，Show bet365 best casino games the high attention of my country's courts on the unified application of laws in China。A common feature of these files is，The basic thinking of the court system building a unified application mechanism of law before。If the recent Supreme People's Court "Opinions on improving the standard working mechanism of unified laws to apply standards" highlights the functional role of the Supreme People's Court's unified laws of the Supreme People's Court，Emphasize the legal responsibilities of the uniform laws of judgment organizations，Implementing the supervision and management responsibilities of the unified law of the president of the Academy，Give full use of trial management、A review system and trial supervision procedure The role of uniform laws applicable standards，Strengthening technological support and talent guarantee for the application of unified laws，Promote the unified standard for applicable law。It can be said，Focus on the construction and improvement of external mechanisms，It has always been a dominant method for the unified application of my country's law。

Some local courts have also introduced similar files。If July 2019，In order to further strengthen the law of the law，The Beijing First Intermediate People's Court has formulated and issued the "Guidance Opinions on Implementing the Judicial Responsibility System and Strengthening the Unified Law"，Proposal to systematic construction of a "five -in -one" legal unified application mechanism。July 14, 2020，The Jiangsu Higher People's Court adopted the "Regulations on Establishing the Establishment of Class Class Class Class Class Class Classification Report System (Trial)"，Standardized the establishment of a mandatory search report system for the establishment of a case。Of course，While emphasizing relevant mechanisms or systems,，Related documents also realize the reasonable value of legal methods such as legal interpretation in unified laws。It still takes the recent Supreme People's Court's "Opinions on Improving the Standard Work Mechanism of Unified Laws" as an example，It requires people's courts at all levels to increase the training of political quality and business ability of judges，Reinforced legal interpretation related to the application of unified laws、Class case search、Class case search、Cultivation of the ability bet365 Play online games of science and technology applications，Comprehensively improve the consciousness and ability of the uniform law applicable standards for judges。But overall，Currently applying the unified law of law, or focusing on the construction and improvement from the mechanism level，Legal methods such as legal interpretation also mentioned，But still pay attention to insufficient，How to integrate into the legal practice of judicial practice and practical measures still need to be broken。

　　Multi -perspective, build a comprehensive way to build a response

Unified application of law is a systematic engineering，需要从Multi -perspective, build a comprehensive way to build a response。Provided from the rules，The practice of building a unified application mechanism mentioned earlier is essentially focusing on the legislative level，It reflects administrative thinking，It is expected to solve the solution to the unified application of the law on the formulation of abstract rules with a quasi -legislative nature，and ignored the capability of the grassroots courts and judges in the case，Ignoring the possibility of the judge's use of legal methods in the case。Actually，Law unified application issues do not exclude the differences of referee，Also pay attention to protecting the judge's free tailoring right。So，Can't be applied to the law for mechanical uniformly、Rigid understanding，Because of any legal applicable activities，Operation space for legal methods。

In recent years，Some documents of the Supreme People's Court began to pay attention，For example, "Guidance Opinions on the Practice of Freedom Tailoring in the Execution of Judgment" proposes to correctly use the method of applying the law in the case of the law of the unified application of the law、Legal explanation method、Interest measurement method。"Opinions on improving the standard working mechanism of unified laws" requirements，People's courts at all levels shall strengthen legal interpretations related to the application of unified laws、Class case search、Class case search、Cultivation of the ability bet365 Play online games of science and technology applications。But need to pay attention，These documents just start to pay attention to the value of the method of legal interpretation in the unified law，What is more important is，How to smoothly carry out and run the legal method under existing system。bet365 best casino games For example，Judges at all levels, especially grassroots judges' right to interpret the right to interpret、The right to apply for regulations、Whether the power of vulnerability supplements can be recognized，You need to take it seriously。Current，With the advancement of judicial reform，The problem of unified legal application is often expanded in the context of the judicial responsibility system，But from the perspective of legal methods，I am afraid that you still need to be designed in a broader institutional background，Only help to truly implement the unified application of law。As mentioned above, it also began to pay attention to the professional literacy of the judge as the law of the law.，Especially the value of legal and method ability in unified law。Legal thinking is the inherent aspect of the legal method。Legal thinking if not trained，It will present a scattered、Not comprehensive、With intuitive state。Such a unity that is difficult to guarantee the application of the law。Pay attention to the role of judges' professional thinking on unified laws，Strengthen relevant training to improve the overall quality and professional level of the judge team，The homogeneity of forming legal thinking of the professional group in my country，is a rigor、specification、Unified referee thinking，Promote the formation of a judge professional community。

In short，With the development of high -tech，Big Data and Artificial Intelligence also helps to solve the case of case generation、Adaptation difficulties。Some local courts have begun to explore this aspect，The intelligent research and judgment system of "Judge Rui" such as "Rui" has been launched in the Beijing Higher Court，Shanghai Court also developed the "Criminal Intelligence Assistance Case System"。How to improve the "unified referee standard" function guided by cases through judicial big data and legal artificial intelligence，It is an important issue that needs to be explored in the future。related to this，Some documents launched by the Supreme People's Court and the District Court have attached great importance to the retrieval category in recent years。Class case search is not only a system，More importantly，It also needs technical support for legal methods。For Bet365 app download example，What is a category? How to discover and prove similar points between class cases?、Support of relevant legal methods such as legal demonstration。If this corresponding support is lacking，It may be difficult to achieve the predetermined goals for mandatory implementation of category retrieval。Of course，The cause of incomplete applications of law is very complicated，The way to seek the unity of legal applications from the perspective of legal methods may be just one of many countermeasures，But it is indeed a kind of consideration。

　(The author is a professor at Guanghua Law School of Zhejiang University)