| The rapid development of science and technology has become an irreversible trend of the 21 st century.With the gradual realization of judicial informatization in China,artificial intelligence is widely used in judicial practice,and has become an indispensable part of judicial activities.At present,artificial intelligence is more positioned as an auxiliary tool in the judicial field,which plays a role in assisting the work of judicial subjects.However,in addition to this auxiliary role,artificial intelligence also has the role of regulating the behavior of judicial subjects and regulating judicial activities.The reason why artificial intelligence can regulate judicial activities is mainly for two reasons: on the one hand,the existing judicial system has some shortcomings in regulating judicial activities.For example,the existing legal system,supervision mechanism and responsibility mechanism have some shortcomings in regulating judicial activities,and the quality level of judicial subject is far from the requirements of judicial rule of law.On the other hand,some of the characteristics of artificial intelligence itself can also play a complementary role in the defects of the system.These characteristics include the objective neutrality and autonomy of artificial intelligence,rigorous logic reasoning,accurate probability reasoning and accurate quantitative analysis.The regulation effect of artificial intelligence on judicial activities is mainly reflected in judicial procedure,judicial rationality,judicial power,fact finding,legal interpretation and judicial sentencing.In a sense,the regulation of artificial intelligence on judicial activities ensures the justice of judicial procedure,the rationality and standardization of judicial subject’s behavior,and improves the accuracy of judicial subject’s cognizance of facts and interpretation of law,as well as the balance and unity of sentencing results in judicial activities.Of course,the regulation of artificial intelligence on judicial activities is not all reasonable.The regulation effect of artificial intelligence on judicial activities will be affected by many factors,which will determine whether the regulation of artificial intelligence on judicial activities is reasonable,the degree of rationality and the effect of regulation.These factors mainly include the quality of judicial data,the algorithm design of artificial intelligence,and the extracted case elements.In addition,in the process of artificial intelligence playing a regulatory role,it is also limited by the judicial subject’s necessary discretion,because artificial intelligence can not completely replace the status of judicial subject at present.Law has both stability and development.AI is better at dealing with simple cases,which do not involve value judgment.Artificial intelligence processing of such cases can greatly improve the efficiency of judicial activities and the accuracy of case processing.Artificial intelligence ensures the stability and unity of law in dealing with simple cases.In addition to simple cases,there are also a large number of difficult cases in judicial practice.These cases can not get the correct answer only through the calculation of empirical data.These difficult cases need to rely on the judicial subject’s perceptual thinking,emotional morality and humanistic care,and need the judicial subject to judge and choose the value issues involved in the cases according to the relevant policies and principles,so as to promote the development of law.Science and technology justice and subject justice have their own advantages and disadvantages.The good operation of judicial activities is inseparable from the cooperation and coordination between the two.It can be predicted that a dual judicial form of human-computer cooperation will be formed for a long time in the future. |
