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Legal Analysis Of Artificial Intelligence-assisted Referee In China

Posted on:2020-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:J N PengFull Text:PDF
GTID:2416330575992572Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The creation of a "machine that can think" or a machine that can perform a person's thinking activities has a long history in the history of human society.There are also some practical activities in theory and practice,such as The formalization of logical reasoning in Western countries has influenced the related fields of science,philosophy,and social science law in Europe.In the new round of judicial reform,the intelligent study of the trial system and trial ability has always been the top priority of the current reform.Especially with the continuous improvement of artificial intelligence legal products and judicial databases,artificial intelligence legal products immediately become more and more important,and in the judicial practice,the trial of artificial intelligence referee system for judicial trial ability and judicial reform In all cases,there has not been a temporary unfavorable situation,and at the same time it has alleviated the embarrassing situation of insufficient judicial resources in our country.However,as far as the current status of domestic artificial intelligence research is concerned,although artificial intelligence has begun to be applied in the judicial field in China,it is still at a relatively preliminary stage.On the other hand,some of the inherent uncertainty of the artificial intelligence legal system and the tendency of the intelligent robot judge's referee mode have a mystical tendency,which will be our vigilance in actively promoting intelligent assistant referees in artificial intelligence research.And this kind of risk can lead to various practical problems in the judicial practice,such as: the weakening of discretion,judicial discrimination,judicial dictatorship,privacy security,etc.,which is essentially contrary to China's judicial reform and rule of law construction.In general,the development and practice of the intelligent assistant referee system will be of great significance and the key to the construction of a smart court.However,the problems and risks it brings are also obvious.We must study in theory and practice.Be prepared.This article uses artificial intelligence in judicial practice,and lists some cases of intelligent referee and different attitudes of domestic experts and scholars,and then analyzes the theoretical basis and practical value of introducing artificial intelligence in the field of judicial trial.The practical cases in the field of artificial intelligence and the application effects of artificial intelligence legal products summarize the current level and current status of intelligent development,especially between the attitude of questioning and the attitude of support,how to develop the artificial intelligence legal system.Positioning with a reasonable analysis is also the focus of this article.This paper consists of four parts.The first part outlines the concept and operation principle of artificial intelligence legal system and the historical context of the combination of artificial intelligence and law.In practice,it summarizes the different attitudes of experts and scholars at home and abroad.The second part looks for the field of jurisprudence.The theoretical basis of the existence of intelligent judges,and objectively complete the combing of the practical value of artificial intelligence legal system,mainly from the aspects of improving judicial efficiency,optimizing judicial fairness and promoting the uniformity of judicial decisions;the third part leads labor through judicial cases Once the intelligent legal system is applied in depth and universally,it will bring limitations and challenges.This limitation and challenge include both the technical field and the requirements of the judge's professional particularity,as well as labor and privacy.Finally,the current introduction and development level of artificial intelligence,focusing on whether to replace the judgment of human judges,a detailed analysis,and concluded that artificial intelligence is currently in a judicial position in the judicial trial.But in addition,the article through the value of artificial intelligence and the future of the future,in the future,the development of artificial intelligence must be the trend of the times,we can not sit still,should be directed at the limitations and challenges of artificial intelligence Make corresponding solutions.The fourth part is precisely the development strategy response to the limitations and challenges presented by artificial intelligence.It is mainly from the field of artificial intelligence technology,laws and regulations,and humans.It is artificial.Some of the smart development prospects are complemented,and they are eager to get the attention of the practical and government departments to make a reasonable response and prevent it from happening.Finally,the author also sums up his own views.Limitations and challenges can not stop new technologies,new things are generated,what is to be done is reasonable control,targeted,in order to better coordinate development.That is to say,with the further development of science and technology in the future,the value of artificial intelligence in the field of judicial trials will certainly be limitless.
Keywords/Search Tags:artificial intelligence, auxiliary referee, judicial efficiency, judicial justice, big data
PDF Full Text Request
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