The Application And Jurisprudence Of Judicial Assisted System

With the introduction of the “Smart Court”,the words like “judicial assisted system”,“big data”,“artificial intelligence” becoming very hot in the field of justice in China.After the Suggestions of the Supreme People's Court on Accelerating the Construction of Smart Court and the Development Program of New Generation of AI coming out,the application of these new technologies reaches a climax in the courts from place to place.The courts introduce such technologies aim to accelerate the efficiency of justice,make the judgements fairer and finally improve the judicial credibility by technologies' objectivity,and the implementation of the classificationbased retrieval mechanism is determined from the official level means that it is feasible and necessary to try the “conformity with the same case” through the technical path.Although the purposes are deserved praise,whatever history or reality tells us technology is always a double-edged sword,on the one hand it can improves our productivity,but on the other hand it always brings lots of negative factors.Judicial department,as the most important disputes resolve system in modern society,any small mistakes can destroy the judicial credibility.So,when the judicial department using these technologies,they need to have a clearer cognition of these potential drawbacks.This thesis attempts to prove that “conformity with the same case” is the core value of judicial assisted system from the development condition and the practice of these system.But in fact,Codefendant with Sentenced by technology is just technical superstition,and it also will bring a lot of problems.So this article try to find out the potential challenge from use of these system,and try to give some suggestion.The introduction introduces the background and meaning of this subject,and find out that there are more applause than critical in the use of judicial assisted system,and didn't pay much attention to the potential risks.The first part of the article aims to let the readers have a clear thoughts by introducing the development of this systems.The part 2 aims to prove that this system's core value is to treat like cases alike by analyzing the practice in Supreme Courts and Shanghai,Beijing and other cities' courts.The part 3 analysis the fundamental of treat like cases alike firstly,and then find out the challenges from the technology use in courtsThe part 4 tries to change the position and the uses of the system in Chinese courts by basic theory of some England judicial practices.The part 5 tries to solve the problems faced by the judicial assisted system,and put forward some coping strategies from the perspective of judicial principles and comparative law,so that the high-tech represented by the judicial assisted tools can better serve the judicial trial.