摘要： “同案同判”构成了现代法治的基础，同时也是司法所追求的重要目标。实现“同案同判”一直是我国司法改革的重要内容，近年来案例指导制度的确立也正是围绕这一点而进行的。然而，在最高司法机关大力推进案例指导制度建设的同时，也出现了不少质疑这一司法理想的声音，其中一种典型的主张认为“同案同判”不过是一个虚构的“法治神话”。纵观各种怀疑论的观点，可以发现其问题在于对“同案同判”的本质以及内在原理的认识存在一些偏差。“同案同判”作为一项法律原则，对裁判者提出了义务性的要求，这一要求的实现有着深厚的理论基础和制度保障。通过重构“同案同判”运行赖以为基的方法论体系，可以从根本上破除那种将其视作法治神话的错误的命题主张。

关键词: 同案同判, 法治神话, 形式正义, 差异化判决, 案例指导制度

Abstract: Treating like cases alike constitutes the foundation of the modern rule of law, and is also an important goal pursued by the judicial adjudication.To promote like cases be treated alike has always been an important part of China's judicial reform, the establishment of the case guidance system has also been carried out around this point.However, while the case law system is being promoted vigorously, we can also hear many voices that question this judicial ideal.One of the typical claims is that treating like cases alike is just a myth fabricated by the rule of law.What lies behind this proposition is various skeptical views, but the problem is that they have misunderstood the nature and inner principles of like cases be treated alike.Treating like cases alike, as a principle, has imposed a compulsory requirement on the judges.Furthermore, the realization of this requirement has a profound theoretical foundation and institutional guarantee.By reconstructing the methodological system on which co-adjudication is based, the proposition that regards it as a myth of the rule of law fabricated by the rule of law is fundamentally eliminated.

Key words: Treating Like Cases Alike, A Myth Fabricated by the Rule of Law, Formal Justice, Differential Adjudication, The Case Guidance System