Journal of Southwest Petroleum University(Social Sciences Edition) ›› 2021, Vol. 23 ›› Issue (4): 82-89.DOI: 10.11885/j.issn.1674-5094.2021.04.05.03

• POLITICS AND LAW • Previous Articles     Next Articles

The Standard of Similarity Determination of Similar Cases——the Supreme People's Procuratorate's Exlporation of Supervision Mechanism for Similar Cases

QIU Xiang   

  1. Guanghua Law School, Zhejiang University, Hangzhou Zhejiang, 310008, China
  • Received:2021-04-05 Published:2021-07-13

Abstract: “Unifying the application of law to similar cases” constitutes the basis of modern rule of law and the judicial goal pursued by the public, and is also the important content of judicial reform in recent years, on which the supervision system of similar cases has been developed. However, despite the enthusiasm of the judicial organs on the establishment of supervision system for similar cases, the operation of the supervision system for similar cases in the judicial practice did go smoothly. One of the main reasons is that there is no corresponding applicable method to guide the operation of the supervision system of similar cases. The key point of the application of the supervision system of similar cases lies in the determination of similarity of cases. Three questions must be answered to determine the similarity of similar cases:What is a "similar case"? How to determine similar cases? To what degree do the cases are similar? The core of the determination of similar cases lies in the acceptability of the relevance between the cases to be compared.

Key words: similar cases, supervision of similar cases, similarity, substantive standard, degree of similarity

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