| At present,the development of artificial intelligence has become a national strategy,and China has been at the forefront of the world in the field of artificial intelligence applications.The smart court is an important achievement of the combination of artificial intelligence technology and judicial trial.It not only represents the achievements of Chinese new round of judicial reform,but also indicates the direction of the future construction of the rule of law.On the one hand,the construction of the smart court injects the scientific and technological catalyst into the judicial trial,promotes the improvement of the trial efficiency,enhances the degree of judicial openness,and facilitates the parties;on the other hand,it challenges the principles and systems of the current judicial trial,expands the judicial gap,and increases the inequality of the parties,and it has the suspicion of weakening judicial justice.The rapid development of the practical field of the construction of the smart court has forced the innovation of the theory and the progress of the system.This paper tries to analyze the influence of the construction of the intelligent court on the current judicial principles and systems,and explore how to deal with the impact of the wave of artificial intelligence on the construction of the rule of law.Let our judicial trial on the wings of science and technology,and then fly to the sky;let artificial intelligence into the soil of our rule of law,and then take root and sprout.This paper has 5 chapters.The first chapter is the introduction,which explains the background,research purpose and significance of the topic,the research status and research methods of the topic at home and abroad.By comparing the current situation of the construction of smart courts at China and abroad,this paper has a deeper understanding of the situation of the construction of the smart court in China.Although the relevant research in China started late,the development speed is very fast.What is more valuable is that China's practice of Smart Court advantage is very obvious,the penetration rate and level of technology applications are at the leading position in the world.At the same time,we also see the construction of China's smart court shortages of lacking of talent,incomplete data and the low level of recognition.The second chapter mainly expounds the connotation and basic characteristics of the smart court.This chapter firstly analyzes the two ways of building a smart court in China by combining the existing practice forms of the construction of the smart court,and according to the characteristics of the two methods,the smart court is divided into two categories:the smart court in the broad sense the narrow sense,and the examples describe their connotations and their influence on the construction of the smart court and analyze the relationship between the two types of smart courts.Then it summarizes the three characteristics of the smart court:networking,openness and intelligence,and apply the scientific and technological achievements to the smart court,and explain the connotations of the three characteristics in details.This chapter fully affirms the achievements of the construction of the smart court at this stage and its significance to the construction of the rule of law.It believes that the construction of the smart court in China has gone hand in hand and has gotten great results.The three characteristics show the value of the smart court to promote judicial justice,facilitate people and improve judicial efficiency.At the same time,it is pointed out that the construction of the smart court has great impact on the judicial judgment of our country,which lays a foundation for the further discussion of its influence on the judicial principle and the judicial system.Chapter 3 analyzes the impact of the smart court on the principles of judgment.This chapter first takes the remote trial of Internet court as an example,analyzes its challenge to the fairness of trial,and believes that the remote trial of non-experience has impacted the principle of direct speech to a certain extent.Secondly,it analyzes the impact on the judge and the independent trial of the court.The dependence on the big data algorithm may cause the algorithm to be dictatorial,causing the shackles of the trial and weakening the independence of the court.Finally,it analyzes the impact on the principle of equality of the parties,and believes that the technicalized court will widen the judicial gap,resulting in inequality between the parties,and the parties may face greater litigation risks.This chapter holds that the impact of the smart court on the trial principle is objective and reflects the gap between theoretical research and practical development,we should accelerate the development of relevant theories to adapt to the development of the smart court practice.Chapter 4 analyzes the impact of the Smart Court on the trial system,including the impact on the jurisdiction system,the evidence system and the trial system.First of all,this chapter thinks that the construction of the smart court in the narrow sense,that is,the Internet court,has created a special court to deal with Internet disputes,which breaks through the general rules of jurisdiction and may form a new mode of exclusive jurisdiction.Secondly,the widespread use of electronic evidence has challenged traditional rules of evidence and made it more difficult for judges to form internal convictions.Finally,voice-to-speech systems have changed the way traditional court records are kept and may replace clerks.The new way of electronic delivery method promotes the realization of the "paperless" mode of the court.This chapter considers that the impact of the smart court on the judicial system is a double-edged sword,which not only challenges the current judicial system,but also enriches the judicial form.Chapter 5 discusses the countermeasures to deal with the impact of the smart court on the judicial trial.This paper holds that artificial intelligence technology can not replace judges even if it is developed.In order to deal with the impact of the tide of technology on the administration of Justice,we should strengthen the construction of the court team,including the teams of judges and judicial auxiliaries,by optimizing the structure of the judicial team,improving the scientific literacy,and strengthening the sense of responsibility and and other methods to cast a sword of science and technology for the court team.The challenge of remote trial to the principle of direct speech and the influence of algorithmic dictatorship on the court's independent trial will have an impact on the justice of trial,reflecting the conflict between efficiency and Justice.This paper holds that high efficiency trial can not be obtained at the expense of judicial justice,and suggests that trial-centered litigation system should be reformed to promote the substantiation of court trial.Through the research on the technical form applied to the smart court,this paper finds that part of the current law has not adapted to the scientific and technological judicial practice,and it is urgent to improve the relevant law.This paper proposes to improve the system of jurisdiction so that the smart court in the narrow sense can specially performs jurisdiction and specially deal with the cases involving Internet disputes,and to improve the system of evidence so as to further enhance the status of electronic evidence,and provides the system safeguard for the electronic evidence law application.The last chapter is the conclusion,summarizing the core viewpoint of the article systematically.This chapter holds that the conflict between the smart court and judicial judgment is the conflict between law and science and technology actually.In this relationship,we must properly grasp the positioning of science and technology,and insist on the subjective status of human.We can not put the cart before the horse and put science and technology above human;we must give full play to human initiative,master the laws of science and technology,and benefit human. |
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