Research On The Similar Case Retrieval System Under The Background Of Smart Court Constructio

Case retrieval benefits from the development of legal big data and artificial intelligence technology.The fundamental purpose of implementing similar case retrieval work is to help judges accurately identify similar cases,strengthen the role of the case guidance system,and then solve the judicial phenomenon of "different judgments for the same case" in real life.To this end,the Supreme Court has established a similar case retrieval system based on the useful experience of the pilot courts,after years of practice and exploration,and earnestly listening to the opinions of all parties.The thesis is divided into introduction,main body and conclusion:The introduction part sorts out the research status of domestic and foreign case system,analyzes the deficiencies in domestic and foreign research,and expounds the research background,research significance,research methods,research ideas,research difficulties and problems to be solved.The first part is an overview of the similar case retrieval system.The connotation and main content of the system are expounded respectively,and the necessity of the system is analyzed from the three dimensions of forming the requirements of the judges’ inner confirmation,restraining the judge’s discretion,and enhancing the judicial credibility,and finally returning to the purpose of the system,that is,improving Judicial efficiency,promoting judicial fairness,and promoting the unity of judicial discretion.The second part is the practical investigation of the similar case retrieval system..Firstly,it makes a macro review from three aspects: the role of cases in the two legal systems,the connotation of my country’s case compliance,and the inspection of relevant systems for similar case retrieval.Secondly,by analyzing the case retrieval system and case retrieval methods set up by the local court,and taking H City Intermediate People’s Court as an example,it examines the implementation of the system.Finally,it concludes that there are three deficiencies in the court’s judges’ similar case retrieval practice in terms of difficulty in key selection,infrequent use,and personal preference in result selection.The third part is the practical dilemma of the similar case retrieval system.Combined with the second part,it summarizes the difficulties faced in the practice of the system.On the one hand,the reasons for the technical difficulties are discussed from the perspective that the system platform is difficult to push accurately,the data cannot ensure the authenticity and scientificity,and the similar case retrieval platforms are not unified.On the other hand,this paper analyzes the causes of the application of the rules from the conflict of the search scope of similar cases,the ambiguity of the core identification elements of similar cases,and the insufficient supply of adjudication rules for similar cases.The fourth part is the suggestion for perfecting the retrieval system of similar cases.This paper starts from three aspects.First,technical means are an important guarantee for the effective implementation of the system.Through artificial intelligence technology,the case labels are continuously refined to achieve the effect of optimizing case data,and finally create a unified big data platform for similar cases in courts across the country.The above measures will play an escort role in the retrieval of similar cases.Secondly,the perfection of the application of rules is a necessary condition for the system to maintain its long-term vitality.In order to prevent the system from being abandoned by the search subject,it is imperative to further standardize the scope and steps of the retrieval of similar cases,clarify the criteria for judging similar cases,refine the adjudication rules for similar cases,and clarify the application of the retrieval results of similar cases.Finally,the construction of the guarantee mechanism is a solid foundation for whether the system can help to achieve the uniform application of the law.In judicial activities,judges are an important subject in the retrieval of similar cases,which directly determines the direction of pending cases.Therefore,new case-handling rules are reconstructed,professional professional training for judges is strengthened,supervision and management embedded in the leadership,and the establishment of a case reverse investigation mechanism.The above mechanism will prompt judges to more standardize the retrieval of similar cases.The conclusion section summarizes the full text.Clarifying the criteria for judging similar cases is the key to whether judges can accurately identify similar cases.Screening out qualified similar cases may satisfy the people’s inner needs for "same case same verdict".However,it is unrealistic for judges to solve the unfair phenomenon of "different judgments for the same case" only by relying on the retrieval system for similar cases.In the process of adjudicating similar cases,it is still necessary to match the corresponding mechanism to realize the good expectation of "same case same verdict".Therefore,Chinese courts still have a long way to go.The road to "same case same verdict" will have twists and turns,but it is also full of hope.