On the Determination of Similarity Between Case Facts in the Application of"People's Court Case Database"
The determination of similarity between case facts is an important and fundamental issue in the application of case database.The determination of similarity between case facts is related to the perspective and position of the judiciary,intertwined with legal disputes,and accompanied by the analysis of differences in case facts,presenting complex facets.To achieve objective typification for the determination of similarity between case facts,it is necessary to follow the path of dividing case facts into constituent and non-constituent facts.Meanwhile,it is necessary to pay attention to the diversity and complexity of value evaluation,and realize the objectification by focusing the value evaluation on legislative spirit.In the current application of case database,there are still problems such as weak motivation for applying cases,insufficient number of cases,unclear aim of applying cases,and lack of reasoning in adjudicative instruments.Therefore,it is necessary to enhance the awareness and method guidance of the application of case database,increase the supply of case resources by means of procuratorial participation and information-based application,pilot the application of attached instruments in the case database to realize the exhibition of case handling in a panoramic manner,and at the same time establish systems such as challenge to the validity and enhance the promotion of application of case database.
People's Court Case Databasethe Application of CasesDetermination of Similarity Between Case FactsFacts StratificationValue Evaluation