System Dilemma And Improvement Of Similar Cases Retrieval

The uniform application of law is an important way to realize the rule of law,and also the guarantee of judicial justice.In order to make the people feel judicial fairness and justice in every case,the Supreme People’s Court successively issued two important normative documents in July and September 2020,namely,the Guiding Opinions on Strengthening the Search of Cases of Unified Law Application(Trial)and the Opinions on Improving the Working Mechanism of Unified Law Application Standards,so as to promote the unified application of law.The promulgation of the above documents has put forward the standardization requirements for the procedure mechanism of promoting the application of law,such as cases retrieval,judgment,application,trial supervision and relief.However,the retrieval of similar cases in our country is still in its infancy and needs the support of practice and theory.The establishment and development of similar cases retrieval means that the use of similar cases enters into judicial practice.To clarify the auxiliary positioning of similar cases retrieval is to maximize its instrumental value.Based on the existing normative documents related to the retrieval of similar cases,combined with the current status of the platform for similar cases retrieval and the application of judgment documents to similar cases retrieval,this paper uses the method of empirical analysis and comparative analysis to review the possible reasons for the poor operation of similar cases retrieval,and tries to make suggestions on the emerging similar cases retrieval.Based on the actual predicament presented by similar cases retrieval,the reasons behind the predicament are revealed.First of all,the cases supply presents scarcity,which is manifested as the quantity,quality and timeliness of the case base.Secondly,there is ambiguity in the recognition of similar cases,objective obstacles in technology,difficult unification of recognition standards and insufficient ability of judges to identify similar cases.Finally,there are still some problems in the specific application of the retrieval of similar cases,such as the lack of disclosure of the retrieval results and the lack of operational rules for the judgment reasoning.At present,the degree of artificial intelligence is not high,which leads to inevitable obstacles in the implementation of cases retrieval.The discussion on how to improve artificial intelligence will be even more difficult under the premise of incomplete and unified standard design.Therefore,it is necessary to start from the system itself to explore the improvement path of case retrieval in the source of cases supply,the identification of case and the specific application process of case.Try to construct local regulations with harmonized and unified key contents to eliminate the confusion in practice that may be caused by different local regulations.In the Guiding Opinions on Unifying the Application of Law to Strengthen the Retrieval of Similar Cases(Trial),the elements of similar cases identification are refined,and the requirements for the application of similar cases results are added,so as to improve the inefficiency caused by the lack of norms.From the source of cases supply,it is necessary to build a unified search platform to avoid the phenomenon that judges shuttle between different platforms to search cases and increase the workload,enhance the quantity,quality and timeliness of cases supply,and realize the optimal allocation of cases supply side.From the perspective of talents in the application of similar cases,this paper focuses on the vocational skills training of judges,especially the application of analogical reasoning,elevates the requirements for lawyers to invoke similar cases,focuses on cultivating "law-technology" compound talents,realizes the positive interaction between technology and feedback,so as to provide reference for the retrieval of similar cases to play its due function as soon as possible.