Proceedings of the 5th Annual International Conference on Social Science and Contemporary Humanity Development (SSCHD 2019)

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From Adjudication under Law to Discretion—Methodological Interpretation for the Causes of “Different Judgments in Similar Cases”

Authors
Lingxiao Hong
Corresponding Author
Lingxiao Hong
Available Online December 2019.
DOI
10.2991/sschd-19.2019.46How to use a DOI?
Keywords
Different judgments in similar cases, Legal interpretation, Loophole supplement.
Abstract

Hard cases often involve in different opinions because of different trial judges. When different opinions act on specific cases, different adjudication results would be achieved, which is called “different judgments in similar cases”. Different adjudication results imply characteristic reasoning processes, factor considerations and legal methods application of judges. Cases with similar forms are classified according to different degrees of adjudication results’ compliance with the positive law, and methodology is applied to interpret the subjective and objective reasons for different adjudication results in individual cases, to provide the firsthand empirical data for standard setting of similar cases and uniform application of the law. “Similar cases” is an uncertain concept, lacking normative definition and unified judgment standards, plus reasons including the uncertainty of legal norm’s meaning, the result orientation of legal method selection and application, the subjectivity of judge’s discretion and so on, the occurrence of “different judgments” is reasonable.

Copyright
© 2019, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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Volume Title
Proceedings of the 5th Annual International Conference on Social Science and Contemporary Humanity Development (SSCHD 2019)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
December 2019
ISBN
10.2991/sschd-19.2019.46
ISSN
2352-5398
DOI
10.2991/sschd-19.2019.46How to use a DOI?
Copyright
© 2019, the Authors. Published by Atlantis Press.
Open Access
This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Cite this article

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TY  - CONF
AU  - Lingxiao Hong
PY  - 2019/12
DA  - 2019/12
TI  - From Adjudication under Law to Discretion—Methodological Interpretation for the Causes of “Different Judgments in Similar Cases”
BT  - Proceedings of the 5th Annual International Conference on Social Science and Contemporary Humanity Development (SSCHD 2019)
PB  - Atlantis Press
SP  - 154
EP  - 158
SN  - 2352-5398
UR  - https://doi.org/10.2991/sschd-19.2019.46
DO  - 10.2991/sschd-19.2019.46
ID  - Hong2019/12
ER  -