Research On Legal Issues Of Applying Artificial Intelligence In Judicial Process

With the rapid development of information technologies such as big data and cloud computing,we have gradually stepped into an information era.The progress of information technology is promoting the transformation of all walks of life,but also continuously improving people's ability to understand the world and change the world.Today,when the country advocates the modernization of governance system and governance capability,the application of information technology,especially artificial intelligence technology,in the process of national social governance has become particularly important.Justice has always been an important aspect of social governance,so the application of artificial intelligence in the judicial process is logical.Courts at all levels and in all regions are striving to modernize their judicial capacity.As an advanced information technology that can imitate and surpass human intelligent behavior,artificial intelligence is naturally similar to the formal legal reasoning when a judge applies the law.Therefore,it can greatly alleviate and solve the contradiction of "too few cases" in the current court.The application of artificial intelligence in the judicial process has become the top priority in the work of all local and all levels of courts.All courts have begun to invest in the development of artificial intelligence systems in accordance with the law of justice.But can the application of artificial intelligence in the judicial process produce the expected effect?The judicial process includes not only judicial trial,but also litigation service and judicial management.When it comes to artificial intelligence in the judicial process,we should first make clear its concept and the current stage.Artificial intelligence is an information technology that takes big data and algorithms as its main components and constantly imitates and surpasses human intelligence.The application of artificial intelligence in judicial process has a long history.It is developing along the course of expert system,judicial artificial intelligence based on big data and artificial intelligence that will eventually replace judges.At present,China's artificial intelligence is still in the weak artificial intelligence stage.Its application in the judicial process mainly manifests in four aspects: automatic document generation,intelligent online inquiry,case recommendation and sentencing assistance.The application of artificial intelligence in judicial process has its positive significance,but it also causes many problems.First,it is not conducive to case justice.Second,it gives people different legal treatment.Third,it reduces trust in the judiciary.So why are these problems? Firstly,it is not conducive to the realization of case justice for the following reasons: first,the preposition of data does not fit in with the rapidly changing needs of social practice for judicial response.Second,the data structure ignores the differences between individual cases.Third,the function of artificial intelligence depends on sufficient and objective data.However,the current situation of insufficient and non-objective legal data in China leads to the inaccurate prediction of the case results,which makes it difficult to assist the judge in the trial.Then the reason why it gives people different legal treatment is as follows: first,the algorithm solidifies the existing social prejudice.Second,algorithms exclude legal arguments.Third,algorithmic discrimination makes different parties have different litigation abilities.Finally,the reason why it reduces people's trust in the judicial system is that the demand of artificial intelligence for massive data is very likely to lead to the disclosure of privacy.This is incompatible with the judicial guarantee of individual rights.Then,because the artificial intelligence algorithm is secretive and autocratic,judicial power is gradually transferred from the exclusive court to the court and the technical staff to share,which has greatly damaged the judicial credibility.At present,there are many problems in the application of artificial intelligence in judicial process,so how to solve these problems? First of all,the forbidden area of artificial intelligence should be reasonably determined.It is mainly divided into two aspects: the first aspect is the forbidden area of science and technology,which is to break the superstition of technology.The second aspect of the forbidden area of ethics is to firmly maintain the principal position of judges.But this is just a conceptual guide to how the zone is set up.The application of artificial intelligence in judicial process should be discussed in specific judicial links.In the litigation service link,artificial intelligence should speed up the construction.In the judicial trial and judicial management link should be a step and prudent advance.And for some areas that still need to play the subjective initiative of judicial personnel,artificial intelligence must not be applicable.The application of artificial intelligence on a large scale is an inevitable trend in the field of judicial process.So how to make artificial intelligence better serve justice? First,self-improvement.These include strengthening the sharing and development of legal data and promoting the development of more open,transparent and explanatory algorithms.Second,external construction.Mainly focused on personal privacy protection.