The Evolution And Construction Of Intelligent Judicature

Intelligent judicature is a new type of judicature form and state gradually developed in the process of informatization construction of people's courts in China.It starts from the information infrastructure construction of the court,relies on emerging technologies such as big data and artificial intelligence,and emphasizes taking data as the center and intelligence as the goal.But how to deal with the judicial data effectively and reach the ideal level of intelligence is the core problem of the construction of intelligent judicature.Along with the modernization of national governance,the development of judicial intellectualization is deepening.In each stage of development,the core problems of intelligent judicature construction are divided into four practical problems: First,the concepts of intelligent judicature,court informatization and intelligent court are often confused in practice and theory,which leads to the ambiguity of the object of intellectualization construction and theoretical research;Second,the construction of judicial intellectualization needs to constantly break through the original trial rules,so there are multiple obstacles in the cohesion between intelligent judiciary and traditional litigation.Third,with the refinement of the division of labor in judicial affairs by intelligent technology,the conflict relationship in the construction of intelligent judiciary becomes increasingly significant,and the problem of eliminating conflicts and ensuring the good development of intelligent judiciary becomes more prominent.Fourth,the ideal form of intelligent judiciary is judicial independent decision-making,but how artificial intelligence simulates human legal reasoning is the ultimate problem faced by artificial intelligence and law research.There are three stages in the development of intelligent judicature.From the perspective of the whole development process,the construction of intelligent judicature is a process of continuously intelligent judicature,which is a dynamic process covering multiple factors such as judicial reform,judicial culture,judicial authority and judgment mode.Judicial intelligence can be divided into three stages: traditional litigation stage,electronic litigation stage,intelligent litigation stage.The traditional litigation stage mainly depends on the active role of people to achieve the improvement of judicial efficiency and ensure judicial justice.At the beginning of the electronic litigation stage,relying on the information technology,thedivision of work within the judicial organization and the judicial work was made,and the organizational structure of the judicial organization was constantly optimized.In the stage of intelligent litigation,Internet,big data,artificial intelligence and other emerging technologies are deeply integrated with the judiciary,so as to develop more intelligent functional modules for the judicial process.In the initial stage,research and development will be carried out based on the function positioning of auxiliary intelligent judicature,which will eventually develop into the technology of independent decision-making of intelligent judicature.At the beginning of the construction,intelligent judicature provides a new method for traditional litigation to solve the contradiction of human case,inconsistent application of law,allocation of judicial resources and other problems.Remolding the trial rules can provide a favorable institutional environment for the construction of intelligent judicature to a certain extent,but with the comprehensive intervention of intelligent technology in the judicial process,such as electronic litigation,the development of intelligent judicature faces more severe challenges.First of all,from the perspective of realizing the benign interaction between science and technology and judicature,the construction of intelligent judicature needs the basic ethical framework as the development guide,and should avoid the substitution of algorithmic justice for legal justice.Secondly,from the perspective of the function of intelligent judicature,it is necessary to recognize the objective function of intelligent judicature,so as to avoid the construction of intelligent judicature becoming a superficial landscape project or an assessment index,and to prevent the widening of the gap of judicial information.Finally,from the perspective of the political function of justice,the social individual intelligence era will be rational legal person,can through the intelligent access to legal information fully,and realize the maximization of the utility of judicial,but need to be mindful of is that the program is dominated by the rational justice,can realize visualization of justice,but do not guarantee substantial justice.Electronic litigation is the direct result of the construction of the intelligent court and the embryonic form of the intelligent judicature.Electronic litigation has laid a hardware and conceptual foundation for the further development of judicial intellectualization,but it is different from the ultimate form of intelligent judicature,that is,judicial autonomous decision-making.The last problem facing the construction of intelligent judicature is whether intelligent judicature can realize judicatory independent decision-making.By analyzing the approach of judges and the way of logic embedding in judicial judgment,and comparing itwith the theory of artificial intelligence legal reasoning and the theory of legal knowledge engineering technology,it can be found that the theory of artificial intelligence decision-making and the theory of judicial trial argumentation are homogeneous in method.The research on judicial methods in jurisprudence is consistent with that on decision-making methods in artificial intelligence.Therefore,it is the common research goal of the two to explore a comprehensive legal argumentation method for realizing judicial independent decision-making.Finally,the evolution of judicial intelligence reveals how intelligent judicature becomes possible.Judicature intelligence is an irreversible development trend,and intelligent judicature develops towards the ultimate autonomous decision-making form in the dynamic construction.In this process,the essence of judicature will have a new connotation,that is,judicature is the processing of legal data information.The judicial decision-making with a higher degree of intelligence is to process the legal data information independently and effectively on the basis of accurately capturing and simulating the law of justice.