On The Application And Improvement Of The Case Search Mechanism

One of the top ten key words of the Supreme People's Court in 2019 is "Internet justice".With the construction of the judicial open platform of the Chinese Judgment Document Network,legal artificial intelligence is becoming more and more widely used in the process of filing,review,prosecution and trial.The case search mechanism is an important part of the judicial adjudication assistance system.It is an inevitable development trend that it will be widely used in the "big data" era.Under the protection of the case guidance system,the guidance points,the adjudication points in the case of the local court and the application of the law may be used for reference.Through screening of similar cases searched,it is possible to determine the reference to be based on the actual criteria of the case,but it is worth emphasizing that even with the increasing number of cases being disclosed and the degree of transparency under big data,intelligence cannot always replace the thinking of judges,no matter how high the degree of matching between successive cases,the final decision of the adjudication still depends on the judge's judgment,this is the last line of defense of justice.Therefore,the author believes that it is necessary to understand the application status of the case search mechanism,and how to reasonably position the legal value in the future.When conceiving this article,through the theoretical literature analysis of the case search mechanism and investigation and access to the practical use of the case search platform situation,comparative study of domestic and foreign attitudes towards jurisprudence and the characteristics of the retrieval mechanism,and put forward feasible development suggestions for the application and improvement of the case search mechanism.The author divides the thesis into four chapters:the foreword of the text.The foreword first introduces the background of this article in the context of the construction of smart courts in the application of legal artificial intelligence to promote judicial practice.The case search mechanism is selected as the research object A comparative analysis of the research status of the theoretical analysis,legal value and extraterritorial experience of the case search mechanism.Finally,the innovation is combining the case guidance system in the theory of the law and the artificial intelligence case search platform to elaborate and analyze the existence and deficiencies of this mechanism.The first chapter of the main body of the paper analyzes the case search mechanism theoretically,explores the big data background that the intelligent referee assistance system uses for case search in judicial practice,and the reasons why the judges' practical need.Retrieval efficiency has advantages compared with the past.The second chapter is based on the application of class search in our country.The case guidance system provides institutional guarantee for the application of class cases.The active exploration of the synergistic litigation model requires the prosecution,defense and trial to use the case search to query the case to find evidence.Then,it explores the legal value that perfecting the case search mechanism helps to realize and assists judges in exercising discretion,rationally considers the consistent judgments to similar cases and adjudication standards,avoids blind obedience in class cases.Streamlining the complexity and simpleness of cases to relieve the quantities and responsibilities of judges' trial pressure.Finally,it seeks the problems that restrict the further development,such as the small number of cases,complex search rules,inconsistent search platforms,and low application rates of results.The third chapter analyzes the extra-regional search mechanism and jurisprudence system.It analyzes the key code classification search in the United States,the British litigant litigation model can be used for reference,the German law-following approach,and the relationship between logic and experience of legal empirical treatment to improve our class enlightenment brought by the case retrieval mechanism.The fourth chapter,based on the analysis of the previous three chapters,finally puts forward a feasibility proposal for the application and improvement of the case search mechanism.It is clear that the judge is the subject of the trial in justice,and the case search results assist the judge in making a decision,and cannot replace the process of the judge's discretion;the case search system has room for further improvements in terms of platform construction,case collection,document classification,using supervision and accurate retrieval.