| The rapid development of artificial intelligence technology is affecting the human society.Many countries including China are actively introducing the trial field to promote the deep integration of the two and to promote the intelligence of trial work.With the continuous innovation of research results and the continuous expansion of application scope,"whether artificial intelligence can replace human judges to preside over the trial work" has attracted the attention of the theoretical and practical circles,resulting in a great debate.There are different views on negation,affirmation and neutrality,among which the deniers are the majority.However,this kind of research should not be completely negative or positive,but should be compared and analyzed from the litigation system and artificial intelligence attributes.In order to alleviate the severe situation of litigation explosion,the judicial organs in China have developed a fast-speed trial mechanism in practice.The case scope is limited to the basic people’s courts,with the property disputes after divorce and other facts clear,the relationship between rights and obligations clear,the dispute is small and relatively concentrated.At the present stage,artificial intelligence technology takes big data thinking mode as the main research method.Through deep learning of big data,it forecasts the results by virtue of the correlation between things,and has achieved breakthroughs beyond human intelligence level in some specific tasks.According to this,the rapid civil adjudication is a specific field in the litigation system,which can provide a specific scope with clear boundaries for the application of artificial intelligence.The large number and intensive update of cases of rapid adjudication can provide relatively sufficient case data for th e deep learning of artificial intelligence.At the same time,the rapid trial of simple cases also shows that the basic elements of the case can be directly matched with the relevant case data to obtain the ruling and judgment by virtue of the strong corre lation principle of big data.More importantly,the innovative application of AI in civil quick judgment is the common goal of national strategy and trial modernization,as well as a powerful tool to alleviate the dilemma of "too many cases but too few people",and to meet the practical requirements of parties for convenient litigation.Since the AI type of civil quick judgment is the deep integration of artificial intelligence and trial work and the reconstruction of traditional trial mode,it is necessary to take measures such as defining the type and scope of civil quick judgment cases,standardizing the digital standard of quick judgment files,perfecting the measures and systems of material circulation network and other means to improve the rule basis of the AI type of civil quick judgment.The application mode of the AI type of civil quick judgment should be created through the practical work of case identification and diversion during the acceptance of lawsuit,presiding over trial work in court session,and document formation during ruling and judgment.Moreover,this new attempt may encounter technical risks such as "digital divide",conflicts in the application of new technologies,and errors in the use of new technologies in the application process,and may also generate applicable risks in the process of civil quick judgment and appeal trial.Therefore,corresponding prevention and control mechanism must be established to ensure the smooth implementation of the AI type of civil quick judgment. |
