法律参考系统:如何通过整理过去来决定未来

IF 0.1 Q4 MULTIDISCIPLINARY SCIENCES
V. A. Boldyrev, K. Svarchevsky
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引用次数: 0

摘要

这项工作的目的是提请科学界注意商业组织建立和更新的参考法律制度对执法的影响问题,并确定解决这一问题的可能方法。采用内容分析法、比较法、形式逻辑法、预测法等方法进行研究。在研究俄罗斯司法法令中引用欧洲人权法院判决的次数时,发现根据颁布这些法令的时间、地区和司法情况有重大差异。这一比较得出的结论是,选择将正式文件纳入参考法律制度服从于公司的当地做法,而这些做法进一步影响到在不同地区和情况下发布的法院裁决。“旧的”司法行为被遗忘,随着新实践的形成,它们逐渐有意和善意地从参考法律体系的数据库中提取出来,这不可避免地影响了律师的观点。控制人类行为的认知便利性,以及使用导航工具在数据库中搜索必要行为的便利性,使得在重载条件下从参考法律系统中选择一系列可能的解决方案过于方便,而无需转向更复杂的算法来准备解决方案。为一个困难的、多因素的情况寻找解决方案的结果,特别是如果它以前不是该执法人员评估的对象,则由负责在法律参考系统中放置先例、组织超链接、提取元数据、为搜索目的提供关于已解决争端本质的简要信息的商业组织的雇员有目的地设定。作者得出的结论是,监管性法律监管不能产生积极的结果,而且最有可能产生负面影响——对收集和提供给公众的大量信息的商业吸引力和相关性产生负面影响。通过从中提取元数据,在没有国家帮助和控制的情况下建立超链接,制定形成参考法律系统数据库的标准,可以成为对现实的集体知识的一个要素,一个环节,从而有可能简化执法人员的决策过程。参考法律制度数据库的建立者与该国主要大学合作,建立这些数据库有助于确定新的最佳做法,同时限制将司法错误的后果作为一种模式,特别是在文件中附上额外的资料(警示性评论)。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Legal reference systems: How to determine the future by ordering the past
The work aims to draw the attention of the scientific community to the problem of the influence of reference legal systems created and updated by commercial organizations on law enforcement, and to identify possible ways to solve this problem. The study was conducted using the method of content analysis, comparative and formal-logical methods, the method of forecasting. When studying the number of references in Russian judicial acts to the decisions of the European Court of Human Rights, a significant difference was found depending on the time, region, and judicial instances in which these acts were issued. The comparison led to a conclusion that the selection of official documents for placement in the reference legal system is subordinated to local practices of companies, and practices further influence court rulings issued in various regions and instances. The oblivion of “old” judicial acts, their gradual intentional and well-intended extraction from the data banks of reference legal systems as new practices are formed, inevitably affects the views of lawyers. The cognitive ease that controls human behavior, the ease of searching in databases for the necessary acts using navigation tools make the selection of a range of possible solutions from the reference legal system under heavy load conditions too convenient to turn to more complex algorithms for preparing solutions. The result of finding a solution for a difficult, multifactorial situation, especially if it has not previously been the object of evaluation by this law enforcement officer, is purposefully set by an employee of a commercial organization responsible for placing precedents in the legal reference system, organizing hyperlinks, extracting metadata, providing brief information about the essence of the resolved dispute for search purposes. The authors come to the conclusion that regulatory legal regulation is not able to give a positive result and, most likely, will have a negative effect - to have a negative impact on the commercial attractiveness and relevance of the arrays of information collected and offered to the public. The development of standards for the formation of databases of reference legal systems by extracting metadata from them, establishing hyperlinks without the help and control of the state, could become an element, a link of collective knowledge of reality, which makes it possible to simplify the decision-making process by the law enforcement officer. The formation of databases of reference legal systems based on the cooperation of their developers with the leading universities of the country could contribute to the identification of new, best practices and at the same time limit the offer of the consequences of judicial errors as a model, in particular, by accompanying documents with additional information (cautionary commentaries).
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Tomsk State University Journal
Tomsk State University Journal MULTIDISCIPLINARY SCIENCES-
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