Judicial Application Technology And System Improvement Of Guiding Cases

In order to deal with the new difficult and complex cases emerging in the transformation period,realize the classification of cases,and unify the application of laws,the Supreme People’s Court has established a case guidance system,and built a new judicial thinking and governance model of "abstract norms+guiding cases".It makes up for the limitations of the traditional single statutory law model,such as generality,ambiguity,ambiguity and loopholes,which are presented by the actual cases.However,at present,the judicial application of the guiding cases is not effective.It is found that the guiding cases applied to the judicial documents have multiple violations of the logic and form requirements of the category of cases.For example,the case is similar but the judge deviates from the guiding case,the judge implicitly applies and extends the application of the guiding case,and the judge does not deny the case that the parties and lawyers actively propose to refer to and invoke the guiding case.The main reason is the lack of judicial application technology for guiding cases and the existence of institutional loopholes.In other words,there is a lack of guiding case similarity judgment technology.The loopholes in the system level include the vague status of the judicial application effectiveness of the guiding case,the vague reference object,the lack of procedural relief mechanism and the imperfect withdrawal mechanism of the guiding case.In this regard,the key facts should be taken as the comparative basis for judging the similarity of the case,and the judges should use the differentiation technology to judge the importance of the similarities and differences of the key facts as the core technology for guiding the judicial application of the case.It is noteworthy that in the context of the rapid development of AI,the current guiding case operation lacks the use of judicial technology,and the application of AI to the judicial application of the guiding case is necessary Feasibility.In addition,due to the rich legal methods contained in the guiding cases themselves,the judges should also adopt different application methods for the guiding cases that apply different legal methods to improve the judicial application of the guiding cases.Analyzing the different legal methods contained in the guiding cases can be divided into legal interpretation type,loophole supplement type and policy declaration type.In this regard,the application of guiding cases should be adjusted and classified into three ways:"can be quoted","should be quoted" and "direct restatement".