Research On The Legal System For The Search Of Criminal Cases

July 2020,the Supreme People’s Court promulgated the Guiding Opinions on Strengthening the Search of Similar Cases in the Application of Uniform Law（for Trial Implementation）,which initially established a system for people’s courts to conduct searches for similar cases.Searching for criminal cases refers to effective judgment documents that have similarities in the determination of facts and the application of law to the current case when handling criminal cases,and summarize their adjudication ideas,rationale,and rules,so as to serve as the basis or reference for case handling.The prosecution,defense and trial parties shall all perform specific obligations in the search of criminal cases in order to accurately,comprehensively and correctly discover the adjudication of similar cases.The search system for criminal cases is conducive to the judicial organs’ correct and uniform interpretation and application of the law,and similar handling of similar cases,thus laying a foundation for fair administration of justice.In judicial practice,judicial personnel and defense lawyers handle criminal cases and have searched for similar cases more commonly and routinely.However,there are currently certain problems in the current search for criminal cases.First,the provisions of the subjects undertaking the search of similar cases are not entirely reasonable.The system constructed by the Supreme People’s Court focuses on requiring adjudicators to conduct a "similar case search" rather than imposing an obligation on both the prosecution and defense to search for similar cases,and it is difficult to use the mechanism of confrontation between the prosecution and defense to facilitate their search and provide reports on similar cases on this matter.Second,there is a lack of reasonable operating procedures for similar case searches.In terms of the scope of search,search methods and search results,the current provisions are either unreasonable or do not involve them,and it is impossible to give reasonable and clear guidance to judicial personnel and defense lawyers.Third,there is a lack of litigation review mechanisms for the search results of similar cases.The prosecution and defense should have the right to challenge the reports and related materials of similar case searches,which helps to identify erroneous and misleading search conclusions and helps to avoid "black box operations".However,there is currently no institutional review mechanism.Fourth,there is a lack of sanctions for violations of the obligation to search for similar cases,and there is no way to ensure the implementation of the search system for similar criminal cases.In view of the above problems,China should learn from the experience of similar systems outside the region and improve the search system for criminal cases.In conjunction with the mechanism of prosecution and defense confrontation in criminal proceedings,the system of retrieving criminal cases should be procedurally reformed,so that it is better compatible with the current criminal procedure system.First,the obligation to search for similar cases is imposed on procuratorial organs and defense lawyers,thus transforming the similar case search system from a primary and simple search conducted by adjudicators ex officio to one in which both the prosecution and defense perform their obligation to search for similar cases,and the court residence conducts a review.Second,improve the operating procedures for similar case searches.For example,the scope of search is reasonably defined,the search method is stipulated,and the form of search results and their submission are standardized,so that the search for criminal cases can be formalized and reformed.Third,establish a litigation review mechanism related to the search of similar cases,and give the prosecution and defense an open and fair review of the search for similar cases and their results,so as to ensure their right to raise objections.Fourth,it provides for sanctions for violating the obligation to search for similar cases,thereby causing judicial personnel or defense lawyers to bear the adverse consequences of illegal acts and prompting them to consciously regulate their litigation behavior.