Research On Class Judgement Of Class Cases In Criminal Cases

In recent years,in order to unify the scale of judicial adjudication,the Supreme People’s Court has issued a number of documents to give full play to the role of similar cases in judicial adjudication."Class Judgement of Class Cases" has gradually become an important vane of judicial reform and an important embodiment of the formal concept of justice of "equal treatment of the same situation".It is conducive to standardizing the discretion of judges,improving the efficiency of trials,and realizing the purpose of judicial justice.Criminal justice relies on national coercion to punish crimes and declare guilt and punishment in the most intuitive way.Therefore,people have higher expectations for "Class Judgement of Class Cases" in the field of criminal justice.Coupled with the practice of online disclosure of adjudication documents,the results of different judgments in criminal cases can easily lead to misunderstanding of judicial injustice.It is necessary to discuss the construction of its case-like system from the perspective of the specificity of the criminal justice field.Through an empirical analysis of 123 cases cited in criminal cases in the past five years,combined with the operation mechanism of retrieval of criminal cases constructed by the current effective judicial normative documents,it is concluded that there is a current situation of application of criminal cases.There is a poor situation of court voluntarily invoked cases,the Defence attaches importance to the use of category cases,and the popularization of judgement documents.The problem of insufficient reasoning and irregularity of court reference cases.At the same time,we can obtain useful experience of the extraterritorial case system from the perspective of comparative law,and ensure that cases can effectively play the role of guiding trials through the trial level system and case compilation.Combined with the analysis of the above problems,from the perspective of the system construction of case-based judgement,it is concluded that the adjudication scale should be achieved.It is necessary to start from five aspects.First,we should strengthen the authority of category cases,not only to form a sense of conscious retrieval and reference cases in terms of understanding,but also to systematically clarify the adverse consequences of violating the retrieval regulations of category cases;second,we should clarify the rules of case retrieval,determine the standards of criminal cases around conviction and sentencing,which meet the same offender.Similar penalties shall be imposed in cases where the crime constitutes and the circumstances of the same criminal sentencing shall be imposed.Third,we should improve the intelligent level of case retrieval.We should not only improve the construction of case data such as China Judgment Document Network on the existing basis,but also increase the training of comprehensive talents to assist judicial adjudication.Fourth,we should pay attention to the reasoning of the adjudication document,not only to respond to the needs of the Defence case-like cases,but also actively clarify the logical reasoning process of the application of the case.Fifth,it is necessary to set up a supervision and incentive mechanism,combine internal and external supervision,and at the same time link the application of judgement documents with performance appraisal,so as to ensure that judges actively use cases in both directions.