| With the implementation and promotion of the reform of the judicial responsibility system and the deep integration of big data technology and judicial applications,the Supreme Court and the Supreme Prosecutor first proposed the class case retrieval system in 2017.making it an auxiliary tool for judges to conduct judicial trials.The class case retrieval system can form an effective complement to the case guidance system,with a large number of natural cases to provide guidance for judicial practice,to provide experience and basis for class case adjudication,making it play a de facto influence and be accepted and absorbed.with practical feasibility and necessity.However,in judicial practice,the operation of the class case search system is not ideal.so that the system effect is difficult to achieve,and even increase judicial costs,increase the pressure of the judge trial,counterproductive.This paper discusses the difficulties in the operation of the class case retrieval system with reference to the classification of the causes,in order to explore the improvement path.The identification and comparison of class cases belongs to the pre-procedure of class case reference,and the standards vary in practice,and the related doctrines are similar,so this article will not discuss them here.This article contains four chapters,including the introduction,which use empirical analysis and literature analysis to show and explain the reference problems in the actual operation of the class case search system,and put forward corresponding improvement opinions and suggestions,in order to smooth the operation of the class case search system and provide basic institutional support for In order to provide the basic system support for the uniform application of laws.There are difficulties in the operation of China’s class case search system in class case reference.At present,China’s class case search system is in its initial stage,in which the reference to the results of class case search is the key link and the last link of the implementation of the system,and is also the strongest link of the practice of the class case search system,and there are problems of differentiation of the reference results of class case search and irregularity of the reference results.Based on China’s national conditions and judicial practice,research and analysis of the reference link in the operation of the case search system,I found that the system in the reference link there are the following obstacles to the operation of the causes,the previous case reference effect is not clear,the rules of reasoning is not uniform,the lack of supporting mechanisms to support judges ignore the litigation participants in four aspects of the case reference claims,seriously hindered the effective play of the system.Accordingly,specifically put forward to solve China’s class case search system reference problem of several recommendations.First,to clarify the reference effect of previous class cases,including clarifying the reference role of guiding cases in the class case search system,clarifying the reference effect of different types of cases;second,refining the rules of class case search results,including strengthening the doctrinal evidence of class case reference,standardizing the format of class case search reports;third,improving the supporting mechanism of the class case search system,including the construction of a unified case database,determining the class case Third,to improve the supporting mechanisms of the class search system,including the construction of a unified case database,the determination of the responsibility mechanism and remedy for improper reference and the establishment of the incentive mechanism for class search;fourth,to pay attention to the reference response when the parties participate together.Based on this,the application of the class case search system can be normative and binding,improve the scope and frequency of application of the system,and promote its greater value in safeguarding judicial objectives. |
