论文部分内容阅读
近年来,由于“同案不同判”所引发的社会舆论汹涌澎湃,致使社会公众对于人民法院司法审判的公正性产生了质疑,影响了司法的权威。统一司法裁判尺度成为各级人民法院亟待解决的迫切问题。“同案不同判”仅仅是法院裁判不统一的一种典型表现形式,其背后既有法官主观因素,也有法律规定不完善、司法环境不理想以及法官职业共同体尚未形成等客观方面的原因。本文从“同案不同判”所引发的质疑人手,分析了裁判不统一的诸多表现形式,从司法活动的本质特征和要求深入分析法官个体差异对裁判统一的影响,从
In recent years, due to surging social public opinion triggered by the “same sentence with different awards”, the public has been questioned on the impartiality of judicial proceedings in the people’s court and affected the judicial authority. The standard of unified judicial adjudication has become an urgent issue to be solved urgently by people’s courts at all levels. “Different Judgments on the Same Clause” is only a typical manifestation of the non-uniform judgment of the court. Behind it are both subjective factors of the judges, imperfect legal provisions, unsatisfactory judicial environment, and objective reasons such as the occupational judge community have not yet been formed . This article analyzes the common forms of judgments arising from the challenged motives raised by the “same sentence with different decisions” and deeply analyzes the influence of individual differences of judges on the unification of judging from the essential characteristics and requirements of judicial activities. From