Collaborative Research On The Retrieval Mechanism Of Civil Cases

In the face of complex and difficult cases,for judges,conducting similar case search is a way to broaden their horizons and change their way of thinking.Under the mechanism of compulsory similar case search by judges in civil litigation,the similar cases retrieved by judges themselves are not litigation materials submitted by the parties,and similar cases as a reference for adjudication may make the judge’s judgment exceed the expectations of the parties,The parties do not understand the impact of similar case search on their adjudication results,and there is no way to know whether it is appropriate to refer to similar cases.From the perspective of the structure of the litigation rights and obligations system,the parties cooperate to initiate civil litigation and bear the responsibility of proposing corresponding bases;Judges are bound by the scope proposed by the parties,but they also have a part of the authority to direct the litigation.The current similar case search mechanism mainly emphasizes the judge’s compulsory search obligation,while ignoring the party’s litigation promotion obligation,and its risk lies in the uneven sharing of roles between judges and parties,resulting in a change in the role status of litigation cooperation,and the parties’ litigation participation is impacted.The one-sided emphasis on the obligations of judges is difficult to balance the rights and interests of the parties,and there is even a risk of causing a surprise attack.Starting from the principle of similar cases in the similar case retrieval mechanism,this paper examines the role positioning and the configuration of rights and obligations in the current civil similar case retrieval mechanism from the perspective of Cooperative.Based on the background of the establishment and operation of the similar case search mechanism,combined with the current situation of the spontaneous similar case search and the existence of invisible references by judges in the operation mechanism of the search operation of similar cases,the procedural imbalance of the problems of unclear division of responsibility in operation,conflicts between subject and object,unclear reference standards,and disorderly participation of parties is analyzed.Combined with the content of collaboration between parties and judges in litigation in Cooperativeism,it is found that the problem stems from the one-sided emphasis on the compulsory search obligation of judges,the role of parties and judges in litigation is not reasonably shared,and the improvement of the design of search procedures for similar cases is conceived.In the context of the compulsory search mechanism for judges,encourage and guide the participation of parties and increase procedural safeguards for parties,and better play the role of similar case search in civil litigation through coordination.