The Negative Influence Of Wisdom Court On Judicial Justice And Countermeasures

Since the concept of "Intelligent Court" was first put forward in 2016,courts at all levels throughout the country have launched a series of intelligent systems.The Blue Book on Court Informatization published in January 2018 has made a third-party assessment of the construction of the national intelligent court,and some reporters have reported that the Chinese Intelligent Court has been preliminarily built.But everything is developing in a spiral way,so besides the obvious functions of improving judicial efficiency and promoting judicial justice,the construction of intelligent courts may also bring a series of hidden reactions,even crises judicial justice and impacts the independence of courts.We should keep a vigilant in the face of the delightful results of the construction of intelligent courts.Be vigilant and carefully analyze the positive and negative impacts of intelligent courts,so that the construction of intelligent courts can become a modern information courts that truly promote judicial justice.By combing the development of AI and intelligent courts,this paper tries to explain the related theories of AI,intelligent courts and judicial justice,describes the intended goal of building intelligent courts,and puts forward possible problems and tentative solutions.This paper consists of three chapters.The first chapter mainly explains the relevant theories of intelligent court and judicial justice.First,it analyses the connotation of intelligent court and concludes that intelligent court is the theoretical result of the combination of modern artificial intelligence technology and court depth.Secondly,it compares the modern intelligent court with the traditional judicial court and the non-intelligent court before the emergence of the modern intelligent court.It is found that there are many similarities in the external functions of the three courts,but there are differences in the internal operating mechanism.The construction of the intelligent court should not only be deeply integrated with the artificial intelligence technology,but also attach importance to the local judicial culture of our country.The value judgment of land promotes judicial justice to a certain extent.Thirdly,the relationship between intelligent courts and judicial justiceis analyzed.It is found that AI technology not only has a positive role in promoting judicial justice,but also has some negative effects.At the same time,the paper also demonstrates the dialectical unity between the two.Chapter two describes the negative impacts on judicial justice in the process of building intelligent courts and subsequently from the perspective of judges,courts and parties.Firstly,it analyses the weakening of judicial discretion of judges in the application of artificial intelligence technology in the level of court management and judge evaluation system,which leads to the emergence of data-only trials.Secondly,it analyses the threat to the judicial data security of the court after the court realizes data sharing and docking with external data.At the same time,after data sharing,the degree of independence of the court in exercising its jurisdiction according to law may be impacted.Finally,in the current situation of limited data disclosure,because of the discriminatory nature of the algorithm itself,there is a certain data gap between the court and the parties,and between different parties,so the equal status of the parties in the proceedings will be affected,and the hidden and discriminatory nature of the algorithm will aggravate this point.Chapter three tries to put forward some solutions to the above problems,hoping to promote judicial justice.First,the intelligent court and AI should be reasonably positioned.Judges should have subjective consciousness and responsibility consciousness.In addition to making good use of AI technology,judges should also have their own judicial judgment.Second,based on the diversity of data,the intelligent court should pay attention to data sharing and interworking,and establish a unified big data platform covering all aspects of society.Third,it should increase the use of AI technology.Fourthly,to achieve the organic unification of data sharing and the independent exercise of judicial power by judges and courts according to law;in addition,to fill the data gap and strengthen the training of legal personnel in information technology,corresponding countermeasures are put forward.Using artificial intelligence technology to promote the development of court information is the basic direction of court construction at present.We can not divorce from this general direction,but we also have to face the problems it brings,analyze and solve them,so that the intelligent court can truly promote judicial justice.