Research On Artificial Intelligentialization In Judicial Adjudication In China

In recent years,China has been actively promoting the judicial reform and the modernization of courts.Under the background,the application of artificial intelligence in the field of law has gradually come into the public view.People’s courts at all levels explore the integration of judicial adjudication and artificial intelligence technology actively.Introducing artificial intelligence technology into the court trial is not only a part of the digital revolution based on technology integration,but also an indispensable part of the construction of "intelligent court" in China.On the one hand,the development of science and technology requires innovation in the field of judicature.And the integration of artificial intelligence into the field of judicature is an inevitable requirement for the modernization of rule of law.On the other hand,the core of the contradictory problem is the pressure of the judicial personnel to handle cases,one of which is the great increase of the number of cases.The reform of case-filing registration system creates great convenience for the masses to safeguard their rights according to law,and makes a large number of cases pour into the people’s court.In addition,the time limit for the trial of cases is also required.It is a new challenge for the trial personnel,whether in quantity,quality or efficiency.To some extent,the artificial intelligence of judicial adjudication can improve the efficiency of people’s courts,lighten the pressure of judicial personnel,and enhance the credibility of justice.The application of artificial intelligence in the field of law has made some achievements.But at present,the exploration in this field is still in the primary stage,and there are still some problems to be solved urgently.Among them,the fuzzy positioning of artificial intelligence and the blank of legal supervision are the hidden dangers of artificial intelligence in judicial adjudication and the hindrance to the work of intelligent court.By using the method of literature analysis,the paper explores the practical difficulties in the process of judicial decision,and puts forward the improvement path to improve the integration of artificial intelligence and judicial decision.The content of the paper is divided into three parts:The first part is an overview of artificial intelligence of judicial adjudication,including the definition of artificial intelligence and the application of artificial intelligence in judicial adjudication.The second part is the actuality of artificial intelligence of judicial refereeing.Through combing the application of artificial intelligence from the stage of placing a case on file to the end of court trial,and then analyzes the realistic predicament of artificial intelligence of judicial refereeing.In particular,there are risks that the discretion and the process of ruling will be affected,including the impact of the AI system on the judicial officers’ discretion and the concealment of algorithms.Limitations in the judgment of evidence include that the AI system’s judgment on the standards of proof is not convincing and its judgment on the capacity and force of proof is limited.Defects in judicial data include the incompleteness of legal data and doubts about the authenticity of legal data.The vacancy of legal supervision and inter-disciplinary talents includes the vacancy of legal supervision and the absence of inter-disciplinary talents.The third part is under the premise of abiding by the law of judicature,put forward the improvement path of artificial intelligence judging.Through combing the application of artificial intelligence in judicial refereeing in foreign countries,we can use it for reference in order to provide theoretical support for perfecting artificial intelligence in judicature.Firstly,clarify the positioning and boundaries of artificial intelligence system by establishing the role as an auxiliary tool and regulating the scope of artificial intelligence applicable to judgments.Secondly,achieve the reasonable use of artificial intelligence to make the judgment of evidence by determining the boundaries and stages of application of artificial intelligence in the judgment of evidence.Thirdly,establish a judicial data standardization system by enriching the legal database,establishing the rules of legal data authenticity,protecting the citizens personal information right and prohibiting the prediction of judicial personnel explicitly.Finally,quicken the training of versatile talents by starting from four aspects,which includes building an accountability system for algorithms,encouraging the cooperation of multidisciplinary teams,promoting the integration of disciplines,and promoting the combination of knowledge structure.