法律条文(law in book)总是要在审判活动中通过法官的解释才能变成活的法(law in active),适用于具体案件、解决具体纠纷。而当前,各级法院法官由于对法律的不同理解和适用所造成的同案不同判问题,正损害着司法的公信力和权威性。事实上,包括同案不同判现象在内的法律统一适用问题直接体现和影响着民众的朴素公平观和正义观,关乎法制统一,也关系到司法保障社会公平正义功能的实现。只有完善的、系统的、体系化的机制才能保证各 Law in book is always going to be law in active at the judge’s interpretation through the judge’s interpretation, applicable to specific cases and settlement of specific disputes. At present, Judges at all levels of courts, as a result of different interpretations and applications of the same laws, are undermining the credibility and authority of the judiciary. In fact, the issue of the uniform application of law, including the phenomenon of different trials of the same case, directly reflects and affects the people’s simple fairness and the concept of justice, as concerns the unification of the legal system and also the realization of the judicial function of ensuring social fairness and justice. Only perfect, systematic and systematic mechanisms can guarantee each