Research On Intelligent Trial In The Digital Era

Nowadays,China has entered the digital age,the emerging digital technologies such as artificial intelligence have shown a high-speed trend of application in the judicial field.The case filing,trial,enforcement,and other fields have been deeply integrated with modern science and technology.Thus,the basic pattern of intelligent court construction has been formed.To some certain extent,intelligent adjudication indicates the developing direction of digital governance of law in China and worldwide.Therefore,exploring a domestic path of digital justice and reshaping the intelligent trial model in the digital era has become a major issue of the times in front of us.Firstly,this paper dialectically analyzes the rare opportunities and severe challenges brought by the digital society to contemporary judicial system.On this basis,the paper examines the innovative practice of judicial wisdom in China and its development predicament.Specifically,the traditional ways of adjudication are unable to adapt to the fundamental changes in the knowledge system under the background of the emerging technologies.The new ecology of the digital society also requires the judicial system to make adaptation to the times.However,the existing attempts have not yet touched the core of digital justice.The application scenarios of artificial intelligence include sorting contention points,intelligent search of similar cases,sentencing prediction,automatic generation of judgments,warning of deviation,etc.With the in-depth analysis of the above scenarios,this paper discovers that the current achievements of intelligent judicial process mainly include the electronization of judicial process,the intelligent adjudication,the construction of judicial platform and online trial,etc.However,the achievements of these courts only have a certain pilot effect,and the use of artificial intelligence in domestic courts has encountered the dilemma of rare use and low quality.For example,as to the computerizing technology,the specialization of knowledge graph and the level of automation remain at a low level;as to the legal data,there are defects such as incomplete data,data distortion,and data impurities;as to the algorithms,the problems of algorithm inefficiency,algorithm black box and algorithm inaccuracy remain;as to the experts,the shortage of professional talents is still a problem.The above obstacles restrict the development of artificial intelligence in the judicial area.Secondly,this paper theoretically defines the conceptual scope,basic characteristics,core concepts and conditions of intelligent trial,and responds to practical dilemmas by the in-depth discussion of the basic principles of intelligent trial.This paper analyzes and categories various methods of intelligent trials in practice currently,and analyzes the practical effects of intelligent trials,taking the “206system”,judicial blockchain,online trial and automatic enforcement as examples.The paper points out that China has stepped out of the exploration of intelligent trials from multiple angles;however,the limited developing level of artificial intelligence,the depth of judicial exploration and the lack of internal integration between various systems has led to the lack of systematization.Specifically,the process of hearing has not been well functioned,and led to the new “file formalism”;the homogenization of judgments led to the loss of discretion;the judicial fragmentation led to the ineffective trial system;the algorithm model replaces the judge’s adjudication and becomes the dominant judicial process.Thirdly,in view of the domestic path of intelligent trial,this paper sorts out the various practices of intelligent trial.After the in-depth analysis of the existing multiple ways and the relevant exploration of foreign countries,this paper takes the social engineering path as the due choice for the construction of China’s intelligent trial.The artificial intelligence has its own limits when used in the judicial area,where it is of auxiliary use rather than serve as an alternative.The basis of intelligent justice is“trial-centered”,that is,if the artificial intelligence such as big data and other technologies are used to serve judicial work,the social engineering path is undoubtedly the most appropriate choice.In other words,the adjudication is a complex decision-making process in which technical rationality and empirical rationality are integrated.Artificial intelligence has made a difference at the intellectual level and cannot achieve substantive justice.Therefore,artificial intelligence should be fully applied to trial-supporting affairs under the premise of conforming to the rules in judicial area and not replacing judges’ decisions,providing references for the core judicial work,and thus to construct a systematic project of integrating artificial intelligence and judicial work in stages and by steps for further development.In the meantime,the realization of intelligent trial shall focus on adhering to the trial-centered litigation system reform,implementing the reform of a single set of electronic archives,and promoting the application of classification of intelligent trials at different levels,thereby promoting the construction of digital governance of law in China.Finally,this paper focuses on the role of intelligent trials under the “Digital China” strategy from a higher perspective.The digital governance of law must be rooted in China and form a paradigm with Chinese characteristics.This paper proposes that intelligent trial shall fully practice visible justice and actively explore the encompassing digital governance of law.The purpose of visual justice is to make justice be accessed in a self-explanatory way,to put judicial power in the view of public,to promote the transparency of judicial procedures and judicial power,and to promote access to justice.The encompassing rule of law is the purpose of digital governance,which can be constructed and realized from the three dimensions,including the encompassing digital legislation,dispute resolution mechanisms centered on intelligent trial,and humanistic pluralistic digital law enforcement.Digital governance of law is the legal concept that responds to the digital society and promotes the construction of intelligent justice and intelligent courts,of which intelligent adjudication occupies an indispensable position and serves as an important link in the judicial process.Intelligent adjudication is a concrete manifestation of digital governance of law,which needs to implement the concept,values and mechanisms of digital governance.The digital governance of law provides the core concept for intelligent trial,and provides a theoretical basis for the future construction of intelligent trial.