| Today’s academic circles and judicial practice circles have paid an unprecedented level of attention to artificial intelligence technology.Specifically in criminal justice activities,the Central Political and Law Commission and the highest judicial organs based on the core position of the evidence identification link in the field and related characteristics,positioning the formulation of a unified criminal evidence standard as "promoting the reform of the trial-centered criminal procedure system"core mission.Based on this policy orientation,in practice,judicial organs in various regions have carried out the functional design of the intelligent auxiliary case-handling system based on the characteristics of the evidence identification activities.The main purpose of the intelligent auxiliary case handling system and the establishment of a data-based unified evidence standard is to standardize the collection and fixation of evidence,and to integrate scientific and technological innovation with the reform of the judicial system.Use scientific and technological means to research and regulate the identification of evidence,legalize the collection and fixation of various types of evidence,and embed smart systems for list-based guidance.The combination of artificial intelligence technology and criminal justice activities at the current stage presents the characteristics of "all-round","full business"and "full process",that is,each link is combined with artificial intelligence technology to varying degrees.As for the types of criminal cases that artificial intelligence technology plays,the intelligent auxiliary case handling systems in various regions focus on common,frequent,major,and new types of cases during the exploration process,integrate big data technology into the case handling system,and conduct pilot data modeling.To formulate data-based evidence standards for frequently involved crime cases.The purpose of the establishment of this standard is to effectively solve the practical problems of irregular case-handling procedures in criminal justice activities and inconsistent application of evidence standards in evidence identification activities through the application of data-based evidence standards.At the same time,the intelligent auxiliary case handling system also has the functions of checking,verifying,and supervising,that is,through the application of the intelligent system,contradictions and flaws in the evidence can be found in time and prompt the case handling personnel to make corrections or explanations.Reduce judicial arbitrariness,improve the quality and efficiency of handling cases,and prevent the occurrence of unjust,false and wrong cases.It is in line with the basic positioning of artificial intelligence technology in my country’s judicial system and the realistic expectations of its practical effects.However,no matter how artificial intelligence technology develops the "ingenuity" and "feelings" of legal professionals,it cannot be replaced by any technological means,and the independent judgments of judicial personnel cannot be copied.Artificial intelligence technology is "auxiliary" to judicial activities."Rather than "dominate".The application of artificial intelligence technology in core and substantive matters such as fact finding,law application,evidence judgment,etc.should be cautious and carried out within a reasonable scope.One is to prevent artificial intelligence technology from swallowing justice;The second is that the limitations of artificial intelligence technology make it unable to be effectively applied in some aspects of evidence determination activities.Based on the above,through the reverse discussion of the positive assistance and boundary of artificial intelligence technology in criminal case evidence determination activities,it is intended to be able to in-depth study and analyze the development space and inherent limits of artificial intelligence technology in criminal case evidence determination activities. |
