司法审判的可预期性低是我国司法实践的一大痼疾,长期以来为人所诟病,在群众中造成了对司法公正性的消极印象。我国一直以来以自己是成文法国家为由拒绝实施有法律约束力的案例制度,这是造成司法可预期性低的重要原因。在当前的司法改革中,我们应该接受大陆法系和英美法系共同承认的判例规则,建立具有法律约束力的案例指导制度,以此规范法官自由裁量权和统一法律适用标准,从而最终提高司法可预期性。 The low predictability of judicial trial is a major problem in the judicial practice in our country. It has long been criticized by people and has caused a negative impression on the judicial impartiality among the people. China has always refused to implement the legally binding case system on the grounds that it is a civil law country of its own. This is an important reason for the low predictability of the judiciary. In the current judicial reform, we should accept the common rules and regulations recognized by civil law and Anglo-American law and establish a legally binding case guidance system to standardize judges’ discretion and standardize the application of law so as to ultimately improve the judicial system Expected.