Research On The Application Of Analogical Reasoning In Criminal Case Guidance System

Case Guidance System is a judicial system with Chinese characteristics,which plays an important role in promoting judicial justice and unifying judgment standards.The original intention of establishing the case guidance system is to realize the legal effect of "similar case and similar treatment".And analogical reasoning is the basic way to realize the judgment of similar cases.The logical process and application of analogical reasoning are helpful to promote the judicial application of guiding cases.Therefore,the specific contents of this paper include:The concept and nature of case guidance system and analogical reasoning: the guiding case is a judicial system with Chinese characteristics,the research focus is on its judicial application process.The case guidance system and the case law system in Germany are similar but different judicial systems,the similarities include: Both of them assist the effect of written law,both of them have similar application methods,and both of them have similar spiritual connotation.The difference between the two is that they have different effectiveness,and they have different publishing bodies,numbers and programs.In addition,due to the principle of modesty and the complexity of criminal cases,it is necessary to determine the rules of judicial application to the criminal case guidance system.Analogical reasoning is based on the similarity of some properties of two objects,deduce that their other properties are similar reasoning.On the basis of the openness and universality of legal norms,the limited accuracy of logical reasoning,the fair and just idea of "analogous case",the combination of deductive reasoning and analogical reasoning,the fact that analogical reasoning does not necessarily lead to wrong conclusions,and the fact that analogical reasoning does not violate the principle of legality of crime and punishment,it is proved that the application of analogical reasoning in case guidance system is justified.Moreover,analogical reasoning can be combined with deductive reasoning,which proves the feasibility of applying analogical reasoning in case guidance system.This paper studies the application of analogical reasoning in the criminal case guidance system.Firstly,the decision of applying or not applying the case guidance system is made in the criminal guiding case retrieval stage according to whether there are clear legal provisions or not.Secondly,the key facts,the focus of dispute and the legal norms are used as the comparison points to determine similar cases in the phase of similarity judgment,while the non-similar cases are excluded by distinguishing techniques.Finally,the decision rules of the guiding cases are mapped to the pending cases.This paper studies the problems and solutions of applying analogical reasoning in case-based guidance system.The reason of application obstacle lies in the existence of probability of analogical reasoning,the lack of high quality and many sources of cases,and the judge’s lack of concept and technique of application.Therefore,the improvement measures should include: Perfecting the case compiling system,strengthening the retrieval mechanism of the guiding case,and clarifying the standards of compiling the guiding case judgment documents.