When trying a case under any of the following circumstances, the people's court shall search for similar cases:
(a) submitted to the professional (presiding) judge meeting or the judicial committee for discussion;
(two) the lack of clear ruling rules or the formation of a unified ruling rules;
(3) The presiding judge or presiding judge shall, according to the requirements of the judicial supervision and administration organ, search for similar cases;
(four) other circumstances that need to be searched.
The judge in charge searches similar cases by relying on China Judgment Document Network and trial case database, and is responsible for the authenticity and accuracy of the search.
The scope of case retrieval generally includes:
(1) Guiding cases issued by the Supreme People's Court;
(2) Typical cases issued by the Supreme People's Court and cases in which the judgment has come into effect;
(three) the reference cases issued by the higher people's courts of this province (autonomous regions and municipalities directly under the Central Government) and the cases in which the judgments have taken effect;
(4) Cases of the people's court at a higher level and judgments of the court.
In addition to guiding cases, give priority to the retrieval of cases or cases in the past three years; If a category case has been retrieved in the previous level, it can no longer be retrieved.
Five, category case retrieval can use keyword retrieval, law-related case retrieval, case-related retrieval and other methods.
Six, the presiding judge shall identify and compare the similarity between the pending case and the search results to determine whether it belongs to this kind of case.
Seven, the provisions of this opinion should be similar to the case retrieval, the presiding judge should be in the collegiate bench, professional (presiding) judge meeting discussion and trial report on similar cases to be explained, or make a special similar case retrieval report, and filed with the case for future reference.
Eight, the description or report of class case retrieval should be objective, comprehensive and accurate, including the retrieval subject, time, platform, method, result, the main points of class case judgment and the focus of pending cases. , and whether to analyze and explain with reference to the results of class cases.
Nine, the retrieved case is a guiding case, and the people's court shall make a judgment by reference, except that it conflicts with the new laws, administrative regulations and judicial interpretations or is replaced by a new guiding case.
If other cases are retrieved, the people's court can serve as a reference for making a judgment.