类案认定标准的反思及其重构

Reflection and Reconstruction of the Standard of Identifying Similar Cases

类案认定是贯彻落实“类案类判”的重要环节,是现代司法中典型的智慧裁判实践。找出明确且恰当的类案认定标准,可以助推类案检索机制有效发挥其数据优势,提升司法裁判的公信力。在现有的各种类案认定标准中,“案情”“裁判要点”“诉讼标的”等标准各有不妥之处;而“案由”“基本事实”“争议焦点”“法律适用”等标准则具有类案认定的操作优势,四种类案认定要素彼此融贯整合,在类案检索活动的检索环节和论证环节中得以运用,可以帮助法官发现类案并确认其类似程度,使高质量的司法裁判具备规范化的技术支持。

The identification of similar cases is an important step in the implementation of similar judgments in similar cases.It is also a typical intelligent judgment practice in modern justice.To identify a clear and appropriate standard for the identification of similar cases can promote the similar case retrieval mechanism to give full play to its data advantages and enhance the credibility of judicial decisions.As with the existing various standards,there are some defects in the standards such as the facts of the case,the main points of judgment and the object of action.However,the cause of action,the basic facts,the focus of dispute and the application of law bear certain operational advantages.The above four elements are integrated with each other,and can be used in the retrieval link and demonstration link of similar case retrieval activities,which can help judges identify similar cases and confirm their similar degree,so as to provide standardized technical support for high-quality judicial decisions.