Construction Of Dispute Case Base Of Engineering Measurement And Evaluation Based On Demonstration Model

In the process of China’s rapid economic development,the construction industry driven by the real estate industry has become an important part of China’s economic system.However,due to the low efficiency of the application of dispute argumentation knowledge,the low efficiency of dispute resolution and the low efficiency of performance of contracts,the problem of resource waste is not easy to solve,and it also has a negative impact on the project construction.Measurement and valuation,as the main factors affecting disputes,are also the focus of research.There are still some problems in the current dispute research: The analysis of the factors causing the dispute is too general,mainly from the perspective of risk aversion,which can not be directly applied to the field dispute resolution;The research of contract price dispute mainly starts from the analysis of rules and clauses,but lacks the analytical application combining with the actual situation of dispute;Lack of analysis and research combined with the process of legal argumentation,failure to explore the relationship between argumentation and refutation among legal argumentation factors,etc.Therefore,how to effectively use the knowledge of argumentation and understand the mechanism of argumentation is a problem to be considered and studied.In view of the above situation,this paper makes the following research around the relevant issues of measurement and valuation disputes:(1)This paper uses case analysis method,selects 63 case judgment documents as the basis for information disassembly,extracts the ruling matters,legal rules,fact determination,evidence and final conclusion,and this paper makes a statistical analysis of the dispute contract mode,the dispute subject,the dispute result and the distribution of evidence use,summarizes 109 dispute focuses into9 dispute types.(2)On the basis of judicial syllogism,this paper summarizes the key points affecting the judgment: the object of action,the application of law,the issue of fact and the demonstration of evidence.According to the judicial demonstration procedure and IRAC model,this paper establishes the demonstration process schema of one party to the lawsuit.According to the concept of voidability of legal demonstration,it expands and forms the demonstration process and refutation model including both parties to the dispute.Based on the case comprehensive demonstration model,combined with the principle of compliance,the principle of procedure and the principle of evidence,the paper finally forms the theoretical framework of the measurement and evaluation dispute demonstration and takes the empirical case as an example to explain.(3)Using access relational database technology,this paper sets up entity set based onthe basic nodes of the demonstration model,and the connection set based on the demonstration relationship.Finally,the relational data model of measurement and valuation disputes is formed.While ensuring the expandability of case base,we can use cross query technology to analyze the relationship between dispute issues and argumentation decision factors,argumentation rules,evidence and refutation strategies,and explore the regularity of argumentation strategies of dispute cases.(4)This paper summarizes and analyzes the application of demonstration strategies of measurement and evaluation cases,analyzes the common reasons and weak points of argumentation in the process of argumentation from the application of rules,evidence analysis and judicial identification,and the case retrieval technology provides precedent reference for dispute argumentation organization.By summarizing the general laws and main problem types of engineering measurement and evaluation dispute argumentation,this study builds argumentation model to analyze the mechanism of measurement and evaluation dispute,and helps researchers better understand the relationship between laws,contract rules,evidence application and fact proof;and builds case database with argumentation model as attribute system to mine the relevance of argumentation factors Based on this case base,different types of dispute cases can be added.The research of dispute mechanism can provide certain reference for the selection of argumentation methods,evidence collection,and prediction of argumentation and refutation strategies of the opposite party.