| 英文摘要 |
The phenomenon of “identical lawsuits with distinct judgment” causes public discontent, and the pursuit of “according consistent judgments to similar cases” seems to be a panacea to solve this problem. However, the premise behind the requirement of “according consistent judgments to similar cases” is that: every case has a unique correct answer, and the judge can find. But in fact, whether the fact of the case or the application of the law, which is the result of the interpretation of the judge, besides the judgment result is also affected by many other factors, there is not a single correct answer. “Identical lawsuits with distinct judgment” is reasonable, any case contains “the same judgment” and “different judgment”, the difference is just the degree. The fundamental reason why the publics criticizes “identical lawsuits with distinct judgment” is that the judgment is not fully reasoned. To win the publics approval, what the court should do is to reason things out sufficiently on “different judgment”. |
