The case group method is developed from the practice of judicial concretiza-tion of general clauses.Existing theoretical claims,the inability of general clauses to directly encompass the related practices,and the need to supplement their values make it difficult for le-gal practitioners to solve the problems in the application of general clauses through traditional le-gal methods such as legal interpretation and closing legal loopholes.In judicial concretization of general clauses,the case group method constructs the constituent elements of general clauses through typification,thereby realizing their application.However,this proposition improperly e-quates the case group method with judicial concretization of general clauses,thus limiting the methodological function and space of the method.Judicial concretization of general clauses is based on the creative construction of alternative constitutive elements in individual case judg-ments and can include the case comparison method and the case group method.In judicial con-cretization of general clauses,the creative construction of substitute elements in individual case judgments is accompanied by the risk of arbitrary judgments;the case comparison method tests the rationality of alternative constitutive elements while discovering common facts in different ca-ses and laying the foundation for fixing alternative constitutive elements for the case group meth-od;and the case group method plays a role in inducing and fixing alternative elements,and can overcome the weakness of the dispersion of the case comparison method.Therefore,there is on-ly a causal relationship but no unique correspondence between the case group method and judi-cial concretization of general clauses.The case group method can go beyond the specific method of judicial concretization of general clauses and is a second-order legal method mainly based on formal functions.As a self-observation and normative tool of the methodological system and guided by the values of legal stability and predictability,it standardizes first-order legal methods such as legal interpretation,legal loophole-closing methods,and the method of judicial concret-ization of general clauses,thereby enhancing the rationality and stability of the results of the ap-plication of first-order legal methods.The core of the case group method is to summarize and fix the normative scheme formed by first-order legal methods and to assist the legal norms of pend-ing cases in encompassing the facts of the case,thereby expanding the scope of application from the application of general clauses to the application of all legal norms.In the context of case guidance and similar case retrieval system,the case group method should be positioned as a spontaneous application method of cases,which proves normative solutions through case chains,explicitly cites normative solutions formed through normative induction,solves the legal norma-tive inclusion problems of pending cases,and achieves law-based and reasonable judgments.
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