Research On Retrieval Mechanism Of Criminal Cases

The introduction of the retrieval system of class cases is of great significance to the unification of law application.The application of the retrieval mechanism of criminal cases has its particularity.There are three parties involved in the prosecution,defense and trial.The application of the retrieval result of criminal cases has a significant impact on the result of criminal judgment and is related to the vital interests of the accused.This paper studies the following four parts,aiming at the problems existing in the retrieval of criminal cases,and puts forward relevant suggestions on the improvement of the retrieval mechanism of criminal cases.The first part is the development and value orientation of criminal case retrieval mechanism.On the basis of a brief introduction to the definition of the retrieval mechanism of criminal cases,the paper combs the development of the retrieval mechanism of criminal cases.This paper analyzes the value of criminal case retrieval mechanism from five aspects: unification of criminal law application,improvement of case guidance system,giving play to the value of defense participation,promoting the justice of criminal proceedings,and promoting the standardization of case handling by public prosecution organs.The second part is the basic structure of criminal case retrieval mechanism.It defines the basic structure of the retrieval mechanism of criminal cases,and embodies the basic structure into five parts: the subject,the realization way,the result form,the key and the subject participation.It points out that the main body of criminal case retrieval is three parties: prosecution,defense and trial.The realization way is the legal data platform;The result form is the class case retrieval report;The key is to identify class cases;The main participation is the active participation of the three parties.The third part is combining theory with practice,analyzing the problems of case retrieval in the application of criminal cases.It can be divided into the following six aspects: first,the defense’s response to the search of the applicable case is insufficient;The second is the lack of provisions for the defense to apply the search of class cases;Third,the display stage of class case retrieval materials is unclear;Fourth,the lack of relief system for the application of class cases;Fifth,the identification of criminal cases is unclear;Sixth,the effectiveness of the defense’s application of class case retrieval is unclear.The fourth part is the relevant suggestions of improving the retrieval mechanism of criminal cases.It is suggested to strengthen the response to the defense participation in the search of class cases;Add provisions for the defense to participate in the search of class cases;Make clear the display stage of class case retrieval;To establish a remedy mechanism for the error of retrieval results of class cases;Clarifying the criteria for the determination of criminal cases;Clarify the effectiveness of the defense application of class case search.