On The Cognizance Of Judicial Cases

With the continuous development of China’s economy and society and the deepening of comprehensive reform,the People’s demand and concern for justice is increasingly strong.Especially under the background of public access to the Internet,the community not only concerns the number of cases heard by the court,but also concerns the quality and standard of the judgment.The unification of judicial standards is the People’s simple pursuit of judicial justice and the important task of deepening the comprehensive reform of the judicial system.In order to solve the difficulties in many aspects,such as the high generality of legislative language and the differences in judicial personnel’s understanding of the law,especially under the requirement of“Same case,same judgment”,to study the identification of similar cases,constructing the applicable methodology of similar cases becomes the research direction in the future.This thesis focuses on the methods and rules of identifying similar cases,and intends to improve the judgment of similarity between cases.In order to realize the similar trial of similar cases,we need to solve two problems:First,how to identify similar cases? Two is how to do a similar trial? Judging the similarity between the two cases becomes the premise of applying the cases to guide the trial and realize the "Similar cases".In this regard,this thesis focuses on a local issue,mainly study the Judicial methods and Judicial techniques of class cases.in combination with practice,in China’s Judicial practice,Judges are used to search the completed cases through the search platform,looking for cases that are similar to the pending cases,but with the increase in the number of cases,the search platform will not be able to help Judges pinpoint similar cases.Therefore,it is necessary for us to unify the identification standards and rules of category cases.This article through to the Judicial present situation summary Summary as well as to the scholar on the category case cognizance research analysis,proposed how concertizes the category case cognizance rule.in view of this,this article takes the Judicial class case Judgment standard,the cognizance rule as the main research object,proposed that the Judgment similar cases main standard is the dispute point similarity,the key fact similarity as well as the standard goal unification,it provides a complete and efficient rule of analogical reasoning for Judges to find similar cases,and then prov-ides a theoretical basis and practical reference for similar trials.The structure of this thesis is divided into four parts: the first part is the summary of Judicial cases,mainly on the basic concepts,the mechanism of Judicial cases in the theoretical necessity and feasibility;The second part discusses the problems that need to be solved in the construction of the system of the rules for the recognition of class cases,and the third part expounds the functions and principles of the system construction of the rules for the recognition of Judicial class cases The fourth part is based on the analysis of the causes of the problems in the identification technology of class cases,trying to build the system of the identification rules of Judicial class cases.