bet365 games methods are the inherent regulatory power to achieve uniform application of laws,As the German jurist Weideshi said,bet365 games methodology has the stabilizing function of equal treatment and law。And,For bet365 games practitioners,Loyalty to method serves as self-supervision。In judicial proceedings,bet365 games method as a practical skill used by judges,With intermediary function,Can provide a basis for judicial decisions,Bridging the gap between norms and facts。
bet365 games method is the professional thinking and technology of the bet365 games community,Apply to bet365 games applicable situations in individual cases,What we have to deal with is the difficult problem between facts and norms,Aims to seek legality in individual cases、Justified bet365 games decision or judgment。The intrinsic aspect of bet365 games method is bet365 games thinking。The latter refers to the formation of long-term bet365 games professional practice,Analysis through specialized bet365 games language、Reasoning、Explanation、A subjective process of activities such as judgment and argumentation。In recent years,The issue of uniform application of law has attracted much attention in both theoretical and practical circles。Academic circles focus on this topic,Many works have been released so far。September 23, 2020,The Supreme People’s Court holds a press conference,Issue the "Opinions of the Supreme People's Court on Improving the Working Mechanism for Unifying Standards for the Application of Laws"。Previously,The Supreme People’s Court has issued a series of normative documents on the unified application of laws,This shows that this issue is taken seriously。Actually,Uniform application of law itself contains requirements for bet365 games methods。bet365 games methods help promote uniform application of laws。The relationship between the two is very close。In current China,Construction and improvement of the system for uniform application of laws,It is necessary to pay attention to and play the role of bet365 games methods。
The significance of bet365 games methods to the uniform application of law
The application of law can be based on the system (or mechanism)、Professional ethics、Regulated from bet365 games methods and other perspectives,In this way, the law can be uniformly applied,And then achieve judicial justice。The applicable bet365 games regulations mainly come from two levels: external and internal。The bet365 games method is the inherent binding force for the uniform application of the law,Its unified application of the law has a cognitive function、Supervision function、Evaluation function、Remediation and service functions。The restrictive power of bet365 games methods on the application of law is mainly reflected in thinking orientation、Technical paths and knowledge consensus, etc.。So,bet365 games methods are the inherent regulatory power to achieve uniform application of laws,As the German jurist Weideshi said,bet365 games methodology has the stabilizing function of equal treatment and law。And,For bet365 games practitioners,Loyalty to method serves as self-supervision。In judicial proceedings,bet365 games method as a practical skill used by judges,With intermediary function,Can provide a basis for judicial decisions,Bridging the gap between norms and facts。bet365 games methods can also put forward critical standards for the application of law,Thus improving the legitimacy and legitimacy of the referee。What’s more important,bet365 games methods can ensure the uniform application of laws,Improving the effectiveness of court decisions。
In the judicial practice of European and American countries,Unified application of laws is highly valued,Also a rule of law goal。The civil law system uses statutory law as the main source of law,We have accumulated rich experience in the uniform application of statutory rules in justice。British and American case law operates based on the principle of "following precedent",It pays more attention to the unification of bet365 games application in individual cases。From the experience of some countries,In the uniform application of the law,bet365 games Interpretation、bet365 games reasoning and other bet365 games methods have always provided important technical support。As in the case of the German Federal Supreme Court,That is, the comprehensive use of judicial technology of "bet365 games interpretation" and "continuation of law",Ultimately participate in the joint construction of the real bet365 games order with legislators,Thus achieving "judicial unification"。Pre-trial before the highest courts in Europe、The trial process and the three stages after the trial,There are some unique systems that play an important role in ensuring a unified interpretation of the law。For example,Preventive interpretation system in the pre-litigation stage including judicial interpretation and case consultation system、The Supreme Court’s case review system during trial activities,And the system for the lower courts to follow the bet365 games interpretation of the Supreme Court in the post-judgment stage, etc.。The unified interpretation of the law will undoubtedly help promote the uniform application of the law。Visible,As a common bet365 games method,bet365 games interpretation plays an obvious role in the uniform application of laws by the highest courts in Europe。
Unified application of laws should pay attention to bet365 games methods
Overall view,In recent years,my country’s judicial practice community focuses on the construction of a unified application mechanism of laws,For example, unifying the judgment standards through judicial interpretation,Joint meeting of presiding judges、Professional Judges Conference Unifies Judgment Standards,Unify the application of laws by the adjudication committee。The research team of the Research Office of the Higher People’s Court of Jiangsu Province passed the empirical study in 2007,Proposed to build a bet365 games communication mechanism,To achieve uniform application of law。The actual operation of this mechanism is: Joint Conference of Chief Judges、Regular Trial Business Seminar、Opinion exchange mechanism for cases with modified sentences or remanded for retrial、Case request system。Since the release of the "Second Five-Year Reform Outline of the People's Courts (2004-2008)",The several reform outlines launched are exploring and improving the unified application mechanism of laws。It can be said,The existing practice focuses on the discovery and identification mechanism of uniform application of laws、Comment and discussion mechanism、Normative constraint mechanism、Supervision and management mechanism and supporting guarantee mechanism。
In recent years,The Supreme People’s Court has issued a series of guidance documents on the unified application of laws。For example, in February 2012, the "Guiding Opinions on Effectively Regulating the Exercise of Discretion in Trial and Enforcement Work to Ensure Uniform Application of the Law"、October 28, 2019 "Implementation Measures on Establishing a Mechanism for Resolving Disputes in the Application of Laws"、"Guiding Opinions on Unifying the Application of Laws and Strengthening the Search for Similar Cases (Trial)" on July 27, 2020、"Implementation Opinions on Deepening the Comprehensive Supporting Reform of the Judicial Accountability System" on July 31, 2020、Opinions of the Supreme People's Court on Improving the Working Mechanism for Unifying Standards for the Application of Laws on September 14, 2020。These documents have been issued intensively especially in the past two years,Shows that our country’s courts attach great importance to the issue of uniform application of laws。A common characteristic of these files is,Continues the basic idea of the previous court system to build a unified application mechanism of law。For example, the recent "Opinions of the Supreme People's Court on Improving the Working Mechanism for Unifying Standards for the Application of Laws" highlights the functional role of the Supreme People's Court in unifying standards for the application of laws,Emphasis on the bet365 games responsibility of each trial organization to unify bet365 games application standards,Implement the supervision and management responsibilities of the president of the court to unify the standards of bet365 games application,Exercise trial management、The role of the trial level system and trial supervision procedures in unifying bet365 games application standards,Strengthen scientific and technological support and talent guarantee for unified bet365 games application standards,Promote the unification of bet365 games application standards。It can be said,Focus on the construction and improvement of external mechanisms,It has always been the leading practice of uniform application of laws in our country。
Some local courts have also issued similar documents。As of July 2019,To further strengthen the uniform application of laws,Beijing No. 1 Intermediate People’s Court has formulated and issued the “Guiding Opinions on Implementing the Judicial Accountability System and Strengthening the Unified Application of Laws”,Proposed to systematically build a "five-in-one" unified bet365 games application mechanism。July 14, 2020,The Higher People’s Court of Jiangsu Province passed the “Regulations on Establishing a Compulsory Search Reporting System for Similar Cases (Trial)”,Provisions have been made on the establishment of a mandatory search report system for similar cases。Of course,While emphasizing the improvement of relevant mechanisms or systems,Relevant documents also realize the reasonable value of bet365 games methods such as bet365 games interpretation in unifying the application of law。Still taking the recent "Opinions of the Supreme People's Court on Improving the Working Mechanism for Unifying Standards for the Application of Laws" as an example,It requires the people's courts at all levels to increase the training of the political quality and professional abilities of judicial personnel,Strengthen bet365 games interpretations related to unified bet365 games application standards、Case Analysis、Similar case search、Cultivation of abilities in science and technology application,Comprehensively improve the awareness and ability of judges to unify bet365 games application standards。But overall,Currently, the unified application of laws focuses more on building and improving the mechanism level,Although bet365 games methods such as bet365 games interpretation are also mentioned,But still not enough attention,There is still room for breakthrough in practical measures related to how bet365 games methods can be integrated into judicial practice。
Constructing a multi-perspective and all-round response
The unified application of laws is a systematic project,需要从Constructing a multi-perspective and all-round response。From the perspective of rule provision,The aforementioned approach to building a unified bet365 games application mechanism essentially focuses efforts on the legislative level,Reflects administrative thinking,The intention is to solve the problem of uniform application of laws by relying on the High Court to formulate abstract rules with a quasi-legislative nature,While ignoring the initiative of grassroots courts and judges in individual cases,Ignores the possibility of judges using bet365 games methods in individual cases。Actually,The issue of uniform application of law does not exclude the differences of referees,Also pay attention to protecting the judge’s discretion。Therefore,The law cannot be applied uniformly as a machine、Rigid understanding,Because any bet365 games application activity inevitably involves a certain subjectivity of the applicator,Needs room for bet365 games methods to operate。
In recent years,Some documents of the Supreme People’s Court began to pay attention to the value of bet365 games methods in the unified application of laws,For example, the "Guiding Opinions on Effectively Regulating the Exercise of Discretion in Trial and Enforcement Work to Ensure Uniform Application of Laws" proposes the correct use of bet365 games application methods、bet365 games Interpretation Method、Benefit measurement method。Requirements of "Opinions on Improving the Working Mechanism for Unifying Standards for the Application of Laws",People’s courts at all levels should strengthen bet365 games interpretations related to unified bet365 games application standards、Case Analysis、Similar case search、Cultivation of abilities in science and technology application。But you need to pay attention,These documents only begin to note the value of methods such as bet365 games interpretation in unifying the application of law,What’s more important is,How to develop and operate bet365 games methods smoothly under the existing system。For example,The bet365 games interpretation rights of judges at all levels, especially those at the grassroots level、Right to choose applicable regulations、Can rights such as vulnerability patching be recognized?,It needs to be taken seriously。current,With the advancement of judicial reform,The issue of uniform application of laws is often launched in the context of judicial accountability,But from a bet365 games perspective,I’m afraid it needs to be designed in a broader institutional context,It will help to truly realize the uniform application of the law。The above documents also began to pay attention to the professional qualities of judges as the subject of bet365 games application,Especially the value of bet365 games method ability in uniform bet365 games application。bet365 games thinking is an intrinsic aspect of bet365 games methods。bet365 games thinking without training,There will be a scattered one、Not comprehensive、Intuitive state。It is difficult to ensure the uniformity of bet365 games application。We should pay attention to the role of judges’ professional thinking in unifying the application of law,Strengthen relevant training to improve the overall quality and professionalism of the judge team,The formation of homogeneity in the bet365 games thinking of the professional group of judges in my country,That’s a kind of rigor、Specification、Unified referee thinking,Promote the formation of a professional community of judges。
In short,With the development of high technology,Big data and artificial intelligence also help to generate crack cases、Adaptation problem。Some local courts have begun to explore this area,For example, an intelligent research and judgment system called "Judge Rui" has been launched in the Beijing High Court,Shanghai Court also developed the “Intelligent Criminal Assisted Case Handling System”。How to improve the "unified judgment standards" function of similar case guidance through judicial big data and bet365 games artificial intelligence,This is an important topic that needs to be explored in the future。Related to this,Some documents issued by the Supreme People’s Court and local courts in recent years have paid special attention to similar case retrieval。Similar case search is not just a system,What’s more important,It also requires technical support from bet365 games methods。For example,What is a similar case?How to discover and prove similarities between similar cases?Both require analogical reasoning、Support of bet365 games arguments and other related bet365 games methods。In the absence of such corresponding support,I’m afraid it will be difficult to achieve the intended goal even if the search for similar cases is enforced。Of course,The reasons for the inconsistent application of laws are very complex,Searching for a unified approach to bet365 games application from the perspective of bet365 games methods is probably just one of many countermeasures,But it is indeed one that must be considered。
(The author is a professor at Guanghua bet365 games School of Zhejiang University)
Friendly links: Official website of Chinese Academy of Social Sciences |
Website registration number: Beijing Public Network Security No. 11010502030146 Ministry of Industry and Information Technology: Beijing ICP No. 11013869
All rights reserved by China Social Sciences Magazine. No reproduction or use without permission is allowed
Chief editor’s email: zzszbj@126.com Contact information of this website: 010-85886809 Address: Floor 11-12, Building 1, No. 15 Guanghua Road, Chaoyang District, Beijing Postal Code: 100026
>