Study On The Subject Status Of Judges In Smart Trial

In the digital age,the judicial function has introduced important factors in the network environment.With the support of the internet of things,cloud computing,big data and artificial intelligence technologies,the judicial trial has formed a "platform" and "intelligent" "online +intelligent" trial wisdom mode.The Internet court trial mode,intelligent trial auxiliary system and asynchronous trial mode make the new trial mode integrating trial work with the network environment gradually into a better situation,and bring "positive effect" and "negative effect" to the main position of judges.On the one hand,the blessing of technology not only contributes to improve the efficiency of judges,and provides judges with new thinking on diversified dispute resolution,promoted the judicial authority of judges and fairness and justice;on the other hand,smart trial also poses a negative threat to the subject status of judges,asynchronous trial has an impact on judicial experience and the principle of direct speech;"Technical Leviathan" will weaken the judge’s judicial ability and judicial sense of responsibility;data,information security risks and algorithmic bias caused by improper technical outsourcing can cause judicial injustice;the mechanical justice of intelligent trial is also difficult to meet the realization of the judicial temperature justice needed by the public.Under these effects,the subject position of judges has changed quietly,and the challenge and reconstruction of the subject position of judges need to be solved urgently.Under the situation of technical support for the wisdom of the trial,the subject position of the judge should be endowed with new connotations,and the factors threatening the subject position of the judge in the intelligent trial should be reflected and justified.Technological development has become an unstoppable trend.Therefore,we should affirm the dividends brought by the technology application of intelligent trial and make full use of technological advantages.At the same time,we should avoid excessive dependence on technology and prevent the lack of justice caused by technical defects.Therefore,it is necessary to reasonably locate and improve the application of technology.Judges should give full play to the advantages of judicial activism,the ability of thinking and discretion in the application of legal norms and the determination of case facts;change the functional perspective and learning mode;and always clarify the value goal of fairness and justice and the basic concept of people-oriented and serving people.Under the situation of continuous updating and iteration of technological development,the main position of judges will be continuously reconstructed,and human beings will still have the initiative in judicial trial,promote social progress and the steady and long-term development of human justice.