Research On Case Guidance System In The Era Of Big Data

The completion of the socialist legal system with Chinese characteristics in 2010 shows the development of various systems in legislation in China,we will continue to make new achievements in the construction of the rule of law.China is a country with a long history of written law.The stability of written law also means the lag and lack of flexibility of law.Therefore,the conflict between the adaptability and stability of law has become an inevitable problem.In order to make up for the lack of written law,prevent the abuse of judges' discretion,ensure the same judgment of similar cases,and achieve judicial justice,China formally established a case guidance system in 2010.However,the data quoted by the case guidance system in the past decade shows that compared with the huge number of judicial cases in China,the guiding cases play a limited role.There are some defects of the case guidance system itself,such as the internal factors such as unclear provisions of the way of reference of guiding cases,the lack of mandatory effect,and the external reasons such as the lack of awareness of the invoker and the mismatching of the judicial environment.In the blue book of rule of law in the report No.3(2019)on informatization development of Chinese courts,it is pointed out that in 2018,the informatization construction of people's courts has achieved new results,the construction of smart courts has been comprehensively accelerated,and the main framework of informatization version 3.0 of people's courts has been established.In this context,big data technology has been gradually used in electronic service,query and push related cases,push laws and regulations,judgment result prediction and reference sentencing and other judicial links,which plays an important role in easing the pressure of judges' affairs and improving work efficiency.Because of the powerful function of big data technology in data analysis and prediction,in recent years,judicial big data technology has been introduced into the case guidance system to inject fresh vitality into the development of the case guidance system.The application of judicial big data to the case guidance system improves the accuracy of case retrieval and recommendation,optimizes the judicial procedures and improves the judicial efficiency;on the other hand,it can mobilize the enthusiasm of judges to actively invoke the guiding cases,and the push and analysis of judicial big data can reduce the burden of judges to demonstrate the reasons for invoking,and the status quo of guiding cases less than invoking can be obtained Relief.Although in practice,the judicial big data technology is still in the development stage of new things,and people still maintain a cautious attitude towards its application,on the whole,the big data technology is still the choice of advantages over disadvantages for the development of the case guidance system.The case judgment and retrieval procedure of the case guidance system can make use of the data mining,analysis and prediction function of the judicial big data.The combination of the two can make up for the problem that the main body of the guidance case is lack of technology in the application,so that the function of the guidance case can be brought into full play.The optimization of the case guidance system not only needs to make clear provisions on the guiding case style,selection mechanism,effectiveness positioning and judgment standards of similar cases,but also can provide objective and accurate analysis results in the application and review of guiding cases through the application of judicial big data technology.It has been proved that as an authoritative case selected and examined by the Supreme People's court,guiding cases play a very important role in guiding the judicial trial,restricting the discretion and standardizing the co adjudication of cases in China.