On The Operation And Perfection Of My Country’s Similar Case Retrieval System

In order to implement the judicial responsibility system,unify the application of law,and promote judicial justice,the Supreme People’s Court issued the Guiding Opinions of the Supreme People’s Court on Strengthening the Retrieval of Category Cases for Unified Application(Trial)in July 2020,which means that the retrieval mechanism of category cases has been formally formed in China.To a certain extent,both the mechanism of case retrieval and the system of case guidance refer to the principle of "following precedent" in the Anglo-American law system,which is closely related to each other and reflects the collision and fusion of legal methods and techniques of rationalism and empiricism.Therefore,only after a comprehensive investigation and comparative analysis of the different epistemology and methodology of rationalism and empiricism,can we better integrate the relevant legal methods and legal techniques of case law countries into China’s case retrieval mechanism.At the same time,due to the limitation of statutory law system,civil law countries also face the problems of inaccurate application of law and different judgments of the same case caused by vague legal norms and conflicting legal norms.In order to alleviate the judicial dilemma caused by inaccurate application of law and different judgments in the same case,the civil law countries established their own case systems earlier by referring to the principle of "following precedent".Therefore,the analysis of the relationship between the retrieval mechanism of class case and the case guidance system,common law system and civil law system is helpful to better understand and improve the retrieval mechanism of class case.As the retrieval mechanism of class-case has not been established for a long time,there are some difficulties in the operation of the mechanism in judicial practice,which can be mainly divided into the following two categories: first,in the construction of the database of class-case retrieval,the retrieval results of class-case are not accurate enough,and the retrieval results of simple and complex cases are unbalanced between supply and demand;Secondly,in the application of class case retrieval results,it is difficult to apply "class case not class judgment" and improper reference of class case retrieval results.For the above operation difficulties,know the cause of class case retrieval mechanism operation difficulties exist in the following two aspects: first,the judicial case database construction technical level:the judicial case classification is not careful,the case supply time and structural defects and not to "and simplified shunt" judicial cases;Second,at the design level of operation system,there is no clear level of application effectiveness of class cases,no clear judgment standard for class cases,and no effective supervision of judges’ discretion.Finally,on the basis of analyzing the causes,Targeted put forward in accordance with the "legal nature-key facts" judgment,the judgment of the path for class case respectively by "legal nature" and "material facts" on the basis of the classification of the detailed case,expand the scope of judicial case data,clear in accordance with the "sponsored by + elements" in a way that the judicial cases and simplified shunt and intelligent screening and push and simplified case,to establish the effectiveness of the class case level And the way to solve the differences in the application of law,the construction of improper reference of the supervision mechanism to improve the retrieval mechanism of class cases.