The Function And Realization Path Of Case Retrieval System

With the development of science and technology in China,legal artificial intelligence is more and more used in judicial practice.With the help of artificial intelligence,case retrieval system,as an effective means to unify the application of law and realize "the same case,the same judgment",has been paid more and more attention.Although the procuratorates and public security organs are using case retrieval and have issued corresponding regulations,the function of case retrieval system can be more apparent in the construction of China’s smart courts.In recent years,the Supreme People’s court has issued a series of regulations to guide and regulate the practice of case retrieval.The court’s application of the case retrieval system attracts people’s attention because it has important functions,including value oriented function,interpretation and remedy of legal loopholes,pre judgment guidance function,publicity and education function,etc.The realization of the function of case retrieval system depends on a complete system design and an effective practical mechanism.Although case retrieval in China has been widely used in judicial practice,there are still some problems,such as immature retrieval tools,careless retrieval classification,low retrieval accuracy and differences in judges’ concepts.These problems may cause substantial obstacles to the implementation of the case retrieval system in the courts.Compared with the development of domestic case retrieval practice,there are similar systems abroad,and rich practical experience has been accumulated.Through the comparative analysis of the key code retrieval method in the United States and the use of guide words in the case set of German courts,it can be found that the experience accumulated in foreign countries in case retrieval,such as the way of thinking of judgment,the professionalism of case retrieval system,the reasoning of judgment documents,and making case selection methods according to the court level and region,can provide a useful reference for the construction and function of case retrieval system in China.Based on the practical inspection and comparative analysis of case retrieval,the realization of the function of type retrieval system in China can be further carried out from the following aspects.First,improve the selection system of guiding cases in the case retrieval system;Second,improve the selection system of retrieval cases;Third,improve the supervision mechanism of retrieval;Fourth,improve the practical ability of judges.In this way,the theory of case retrieval system can be effectively connected with judicial practice,and the function of case retrieval system in judicial practice can be better realized.