| Judgment of judicial similar cases is a key link in the retrieval of similar cases and the realization of similar trials in similar cases,and it has important practical significance.However,under the framework of the existing judicial similar case system,there are methodological difficulties such as ambiguous judgment methods and too monotonous judgment standards.In order to make the similar case system play its original value and function,this thesis takes the judgment methods of judicial similar cases as the main research object,firstly sorts out the judgment methods currently existing in the theoretical circle,absorbs the beneficial parts,and analyzes the problems and deficiencies in them.Summarize,and then propose to use a coherent similar case judgment method to judge similar cases,that is,"key facts","dispute focus" and "law application" have consistent results in the judgment and reasoning,and complement and confirm each other.These three cannot be separated,and one or both of them can be used in isolation to judge the similarity of cases in combination with "cause of action" or "facts of the case" and "points of adjudication".Since these three elements operate at different levels and time nodes,they together constitute a coherent standard for identifying similar cases.They should be used in combination.In the similar case search platform,independent search items are combined with each other to appear,to provide judges with optional generic search labels.This thesis uses the coherent case judgment method in empirical research and case studies to analyze the widespread cases of knowing and buying fakes in the society,and determine which cases of knowing and buying fakes and Guiding Case No.23 constitute similar cases.On this basis,the adjudication rules of the Guiding Cases are used to adjudicate the pending cases.However,even if a reasonable method for judging similar cases is used to judge that the cases constitute similar cases,but the result of the search is that there are multiple similar cases and there are differences in the application of the law,how should the judge choose? And when the parties and their agents use similar cases to prove the rationality and legitimacy of their claims,and the judges do not respond to whether such cases are applicable,how should the parties protect their rights and interests.The reasons for these situations are mainly due to the imperfect retrieval mechanism for similar cases,the lack of a unified dispute resolution standard,and the imperfect supervision mechanism for trials with reference to similar cases.In order to solve these problems,the last part of this thesis proposes to integrate the databases scattered in courts at all levels and build a unified case retrieval platform suitable for use across the country;Priority is given to referring to the Guiding Cases to ensure the highest level of effectiveness,which is to ensure the operation of similar trials in similar cases at the technical level;to improve the supervision and safeguard mechanism for referring to similar cases and to establish a case deviation reporting system,expecting to realize the legal application level as soon as possible. |
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