A Brief Discussion On The Construction Of Expert System Of Judicial Adjudication

Expert system of judicial adjudication is a branch of legal expert system,which is applied to the core field of judicature and aims at simulating judges' legal reasoning and judicial adjudication.In view of the current challenges faced by our country's courts with a large number of cases and the opportunities for the construction of intelligent courts,this paper aims to analyze the origin,possibility,legal basis and construction approach of the expert system for judicial adjudication,so as to assist judges in "trying to make the people feel fair and just in every judicial case".The first part describes the origin of the construction of China's judicial adjudication,pointing out that judges are under double pressure of the number and quality of cases under the filing and registration system and the judicial responsibility system.At the same time,the Supreme People's Court proposed that the intelligent court relying on artificial intelligence technology is in full swing construction,which has promoted the integration of artificial intelligence and law.Therefore,the author proposes to construct an expert system of judicial adjudication,aiming at promoting judicial justice,judicial efficiency and justice for the people.The second part first briefly introduces the terms of artificial intelligence and expert system,points out the advantages and disadvantages of artificial intelligence function simulation,and emphasizes the key to obtain the enlightening knowledge of judges.Secondly,it analyzes the necessity of constructing the expert system of judicial adjudication from the external perspective of judicial adjudication,that is,to ease the trial pressure and improve the judicial efficiency;Restricting judicial arbitrariness and promoting formal justice;Secondly,the unique nature of law and legal reasoning is analyzed from the internal perspective,that is,the simulation of legal reasoning faces difficulties such as "open structure of law",but it also has advantages such as stable cases,clear premises,strict procedures,and the requirement to obtain definite judgments.These make legal reasoning a challenging and interesting field for artificial intelligence.At present,the expansion of legal knowledge in China's judicial documents network,the electronic recording of court files on judges' thinking tracks,and the establishment of Internet courts provide feasibility for the construction of judicial expert systems.Finally,it simply responds to the paradox that it cannot replace judges/aims to replace judges,and points out that the function of the expert system of judicial adjudication is oriented to trial assistance.The third part analyses the jurisprudence theory of the expert system of judicial adjudication and points out that how to treat "the certainty of law" is the key to simulate the legal reasoning of judges.First of all,although Weber's "vending machine judge" model has been criticized by a series of legal realism,it lays the foundation for the judicial expert system.Then,Hart's "open structure of law" maintained the foundation to a certain extent,and distinguished "difficult problems" from "simple problems",which inspired the idea that "simple problems" should be handed over to the expert system of judicial adjudication and "difficult problems" to human judges.Finally,Dworkin's "Judge Hercules" is the goal to follow,which requires the expert system of judicial adjudication to traverse all relevant legislation and cases that have passed the compliance dimension test in handling hard cases,so that human judges can make decisions based on the heuristic knowledge of political morality dimension.However,when dealing with difficult cases,we need to pay attention to the "consistency" in fact determination.The fourth part discusses the construction of the expert system of judicial adjudication,which requires selecting a limited,stable and less controversial legal field in advance.Based on some typical expert systems of judicial adjudication abroad,the author discusses them,firstly,reasoning through rules,and taking TAXMAN I system as an example,pointing out that the defect of reasoning through rules is that it does not pay attention to the antagonism of legal reasoning and cannot solve the problem of "open structure of law".Secondly,it deduces the concept of open structure,and takes Gardner A's model as an example.the model extracts the skeleton of "legal open structure" and installs the calculated flesh and blood,thus screening out simple problems and handing over the difficult problems generated when legislation and examples run out to human beings for intervention.Finally,the mixed normal form reasoning is carried out through rules and cases.Taking CABARET system as an example,the system integrates case reasoning and rule reasoning and can deal with "legal open structure",but lacks overall plan,that is,how to integrate depends on technicians' "heuristic knowledge".The author foresees that the establishment of a judicial expert system for rule-based reasoning may be able to solve copyright infringement disputes on the Internet in batches.Representing supreme law guiding cases as examples or helping to deal with the concept of "open structure";However,hard cases require cooperation between human beings and the system.In the conclusion part,the author believes that at present we should solidly construct the legal knowledge project,i.e.acquire,express and apply legal knowledge,which is the premise of the above three stages.Among them,the acquisition of legal knowledge inevitably requires that China's current judicial practice should continue to promote the reasoning of judicial documents and make the "tacit knowledge" of judges explicit.In addition,the acquisition of legal knowledge will also face the contradiction of electronic filing,because it is really necessary to obtain the collegial panel's review transcripts and the judicial committee's discussions.As for the overall standardization,formalization and publicity of the normative legal document library and the referee book library,it is even more the foundation.The author also believes that through the intervention of artificial intelligence in legal reasoning,we will be closer to the answers of "what is intelligence" and "what is law".Legal reasoning is a process guided by rules rather than controlled by rules.At present,for hard cases and difficult cases,judges who are just and clothed in legal robes should take the attitude of "there is a long way to go,and I will go up and down to seek for justice" and join hands with "Judge Alpha" to pursue "Judge Hercules" with the unique enlightening knowledge and dialectical reasoning thinking of human beings,to uncover "Proteus' s face",to care for and respect each individual equally,"and to strive for the people to feel fairness and justice in every judicial case".