法律推理是司法裁判的正当性证明。法律推理的确定性与不确定性问题是法学界长期争执不休的论题。确定性是法治的前提与基础,否定法律推理的确定性,就是对法治的否定。但是法律推理又有着诸多的不确定因素。“同案不同判”的大量存在,损害了法治统一,损伤了司法权威,降低了公众对司法裁判的信任。积极探究约束法律推理不确定性的有效机制,使法律推理向着确定性道路迈进,是法治社会必须思考的问题。 Legal reasoning is the justification of judicial adjudication. The problem of the certainty and uncertainty of legal reasoning is the subject of long-term dispute among jurisprudence circles. Certainty is the precondition and foundation of the rule of law. Negating the certainty of legal reasoning is the negation of the rule of law. However, legal reasoning has many uncertainties. The existence of a large number of cases of “same sentence with different decisions” undermines the unity of the rule of law, undermines judicial authority and reduces the public’s trust in judicial decisions. It is an issue that must be considered in the society ruled by law that actively investigates the effective mechanism of restraining the uncertainty of legal reasoning and makes the legal reasoning move toward certainty.