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On Artificial Intelligence In Judicial Decision Making

Posted on:2020-12-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z G TaoFull Text:PDF
GTID:2416330623464682Subject:Legal theory
Abstract/Summary:PDF Full Text Request
After more than 60 years of development,human beings have made continuous progress in high-tech such as the Internet,big data and supercomputing.Artificial intelligence has gradually shown a trend of deep learning and cross-border integration.In recent years,the relationship between artificial intelligence technology and the field of judicial adjudication has become more and more close.For example,intelligent legal search,legal data collection and evidence based on deep learning and other functions of artificial intelligence in the legal field have caused great influence to the judicial system.With the continuous development of artificial intelligence technology,its influence in the judicial field has also increased.This paper aims to analyze the operation mechanism of artificial intelligence system in the field of judicial adjudication through the application of artificial intelligence in judicial adjudication,and to explore the significance and problems of artificial intelligence application in judicial adjudication.The body of the article is divided into five parts.The first part is the introduction of this paper.It introduces the problem,literature review,innovation and insufficiency,research ideas and research methods.The second part describes the historical process of artificial intelligence.The application of foreign artificial intelligence technology began in the late 1950 s.China's research on law and artificial intelligence began in the 1990 s.In the 21 st century,local law institutes vigorously promoted the construction of artificial intelligence and the application of artificial intelligence in the field of judicial operation.Even more than academic theoretical research.The third part describes the operation mechanism of artificial intelligence in judicial judgment.This chapter first introduces the general operation mode of artificial intelligence.It consists of four parts: man-machine interface for information input,knowledge base for information collation,reasoning machine for conclusion derivation,and man-machine interface for conclusion output.Then,through the general operation of artificial intelligence,the introduction of the artificial intelligence in the judicial referee is introduced.The way artificial intelligence works in judicial adjudication is carried out through four types: legal reasoning modeling,case-based legal reasoning modeling,prediction of legal outcome models,and legal demonstration of computational models.The model of legal reasoning is based on rules for reasoning.It is necessary to establish a large number of knowledge rules,and then use the stored knowledge to analyze the problem,according to the input of the premise and then infer the result according to the rules.The case-based legal reasoning model is different.It is based on analogical reasoning,transforming past cases into experience and storing them in case databases.Whenever there is a new case,it searches for the most similar case with the new case through the retrieval and matching of the case,and finally forms the referee result of the new case.The model for predicting legal outcomes is based on a case-based legal reasoning model,reintegrating machine self-learning update techniques,and considering a number of legal factors to one of them to predict the outcome of a judge's decision.The computational model of legal argumentation is the most mature of the current computational models of legal reasoning.It combines logical reasoning with legal rules,and adds non-monotonic reasoning to generate legal arguments.This chapter also introduces the specific application of the artificial intelligence expert system in the judgment.The fourth part describes the superiority and deficiency of artificial intelligence in judicial adjudication.The legal reasoning model standardizes the reasoning used by the court.At the same time,it reconstructs the judicial reasoning structure with the case-based legal reasoning model and the computational model of legal argumentation.In a computational model that predicts legal outcomes,a computer program uses a case database represented by a set of features and results to predict the outcome of a new problem,thereby rationalizing the judge's discretion.In addition,the application of artificial intelligence systems in judicial adjudication has brought a series of positive significance.The artificial intelligence system can assist judicial personnel to handle cases,improve judicial efficiency,and save judicial resources.In promoting judicial justice,the artificial intelligence legal system can help judges avoid the occurrence of false and wrongful cases,which is of great significance for increasing judicial credibility and safeguarding judicial authority.And artificial intelligence systems can also ensure the uniformity of the law.Artificial intelligence can rely on big data analytics to type the case across the country.When a case is heard,artificial intelligence can automatically retrieve information and push relevant cases and judgment forecasts.However,there are still many problems in the development and application of artificial intelligence technology in the field of trial practice,such as the threat of case justice,the existence of blind spots in application,and the weak technical support.The fifth part is the conclusion.With the help of advanced information technology and unique operating mechanism,artificial intelligence has brought a series of positive effects to the judicial adjudication.However,artificial intelligence in China's judicial adjudication still has the threat of case justice,the existence of blind spots in application and high technical support requirements.This means that we should have a rational and calm attitude towards the use of artificial intelligence in judicial decisions and implement targeted institutional development programs.We should rationally understand the role of artificial intelligence in judicial adjudication and rationally define the scope of application of artificial intelligence systems,and strengthen data reserves and personnel training.Finally,there is a epilogue of the paper.With the unique operating mechanism and remarkable technical advantages,this technology will have broad development prospects,and the introduction of artificial intelligence in judicial refereeing activities is a positive attempt in the construction and operation of judicial system in China.However,the social foundation and technical conditions required for the application of artificial intelligence are still weak,and its use in judicial adjudication should adopt a steady pace of advancement.
Keywords/Search Tags:Artificial intelligence, Judicial decision making, Operating mechanism, Positive effects, Chinese issues
PDF Full Text Request
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