A Study On Civil Case Retrieval System Of Restitution

The current types of civil litigation cases in China and the specialized issues involved in the cases are becoming more and more complex.It is difficult for a judge to make an absolutely scientific and correct decision on a case based on his or her knowledge base alone,and human selfishness may lead to a certain personal tendency in the outcome of the decision.At this point,it is also necessary to take into account the differences in the scope of practice of each judge.Even after the discussion of the judges’ conference,it may not be possible to give the best solution in the true sense of the word for those difficult and complex cases.As an initiative to promote judicial uniformity in China,the case search system has become an important part of the judicial adjudication support system.With the emergence of the big data era,the widespread use of case search has become an inevitable trend in judicial practice.As the author of this paper,I have tried to make some suggestions to improve the emerging case search system by analyzing literature,visiting courts,and visiting the practical operation of search platforms.I hope I can contribute to the great cause of "unifying the scale of adjudication and achieving nationwide fair justice" in China.After a clear analysis and definition of the concepts related to civil case search in China,this thesis analyzes the current situation of the operation of the case search system from the perspectives of the current situation at the institutional level and the current situation at the practical level,and points out the problems of the current civil case search system in China.This paper attempts to categorize the problems of the class search system from three aspects: the data problem,the scope problem,the validity problem of the search results,and the problem of the platform for conducting class searches,and finally proposes ways to solve the corresponding problems.In terms of data optimization,the paper suggests optimizing data,condensing decision rules for typical cases,and guaranteeing the comprehensiveness of uploaded data,etc.In order to solve the problems that the current scope of application of mandatory search is not refined enough and the criteria of case identification are unclear,the scope of mandatory search should be refined and the standard criteria of case identification should be clarified.With regard to the validity of mandatory search,the legislator needs to draw conclusions on the controversy of the necessity of mandatory search and establish an internal conflict coordination mechanism for adjudication rules.At present,there is no unified platform for searching cases in China,and the searchers have to travel between different platforms to search cases,which can be improved by establishing a unified search platform.At the same time,it is worth considering that even though the era of big data can help us to increase the number of open cases through the Internet and the transparency of cases is becoming more and more satisfactory,artificial intelligence cannot replace judges in their thinking after all.Ultimately,it is the judge,as a human being,who must be responsible for the outcome of each decision,not cold computer code or program algorithms.If true justice is to be achieved,this step cannot be retreated by half.