| Since 2016 was incorporated into the national informatization development strategy,smart court rapid development,online trial,the referee,the class case push system of artificial intelligence and intelligent technology such as deviating from the early warning system for civil trial has injected new vitality,wisdom,the court in a certain extent,alleviate the pressure law case,improve the case quality,enhance the judicial transparency,however the court at the same time bring convenience to judicial wisdom to the traditional civil trial has caused a certain degree of impact,the traditional civil court rules in the face of these intelligent construction achievements,how to reform and response to meet the needs of the reality is the problem to be solved.In this paper,first the court of the wisdom and the conflict between traditional civil trial is analyzed,and then to solve these conflicts,find out the wisdom of the contradiction between the court and the traditional civil trial measures,in the realization of civil trial balance between justice and efficiency of civil trial,avoid the traditional trial rules is destroyed,so that wisdom court along the standardization,the direction of stabilization.This paper is divided into five parts altogether,the first part expounds the connotation of wisdom to court,and artificial intelligence,big data,cloud computing and Internet technology to civil trial of positive change,such as convenient online trial parties to participate in litigation,the wisdom public platform to reduce the distance of the people and the judicial court hearing,hearing the voice,the intelligent recognition system,intelligent cross-examination system improve the efficiency of the trial;The push function of civil cases unified judgment standards;The early warning system of trial deviation reduces the error rate of judges;In this "great test" of the epidemic,the construction of the intelligent court has also made remarkable achievements and demonstrated its responsibility.The online court trial helped prevent and control the epidemic.The second part,through the analysis of the basic requirements for the realization of substantive civil trial,points out the impact that intelligent court may bring to the realization of substantive civil trial,such as the effect of cross-examination and debate of parties in court affected by the Internet online trial.Algorithmic autocracy is against the judge’s experience.In the third part through to the artificial intelligence class with analyzing the limitations of the sentence,the court pointed out the wisdom to the impact of civil trial fairness,such as artificial intelligence intelligence can only implement simple case with rigid,artificial intelligence,the referee results,algorithms and big data discrimination gap exists the equal litigation status of the parties is weakening.The fourth part points out the impact of the online trial on the authority of the civil trial through the analysis of the defects of the online trial,such as the dilution of the sense of trial ceremony,the disorder of the trial order and the reduction of the parties’ sense of participation in the trial.The fifth part tries to put forward some solutions to the above problems. |
