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The Impact And Response Of Judicial Adjudication Artificial Intelligence To Traditional Judge Adjudication

Posted on:2022-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:Q L RuanFull Text:PDF
GTID:2516306497481324Subject:Legal theory
Abstract/Summary:PDF Full Text Request
The era of artificial intelligence has quietly arrived.Artificial intelligence is continuously affecting all aspects of social life and changing our way of thinking.The comprehensive deepening of reform has entered a period of deep water,and the people have higher requirements for justice.In this context,our judicial organs rely on artificial intelligence,big data and other technologies to conduct judicial activities and have achieved good results.However,technology is a double-edged sword.While artificial intelligence brings us convenience,it also brings many problems.We should adopt a rational and developmental perspective to look at new things,and do not rush for success.This article first briefly sorts out the basic concepts and classifications of artificial intelligence,as well as the basis and path of introducing artificial intelligence in the field of judicial adjudication,combined with the current status of the application of artificial intelligence technology in the domestic judicial field,and analyzes and finds the benefits of artificial intelligence to our judicial system It will also cause a certain degree of impact.Therefore,in the second part of the article,it analyzes the value goals of artificial intelligence in judicial adjudication in my country,which has significant effects in improving judicial efficiency,promoting co-judicial cases,and curbing judicial corruption.However,it is worth noting that because the current artificial intelligence technology is still in the stage of weak artificial intelligence and does not possess the value perception,sociality and self-awareness of strong artificial intelligence as people imagined,it is still unable to cope with the complicated judicial practice.Therefore,in the third part of this article,by analyzing the pros and cons of China's traditional litigation model and the many shortcomings of the artificial intelligence adjudication model,it is concluded that artificial intelligence under current technical conditions may have an impact on the traditional judge's adjudication model,such as judges' influence on artificial intelligence.Over-reliance may weaken the status of the judicial subject;the rigid constraints of the artificial intelligence system will make the judge's legitimate discretionary power unable to really play its role;judicial experience cannot be guaranteed.The court trial is the center,the principle of direct speech and the subject of judgment responsibility will all Due to the intervention of artificial intelligence,it has received a great impact,which is not conducive to the establishment of judicial authority,and it is also not conducive to the realization of substantive justice and procedural justice.Coupled with the limitations of technology and data quality,artificial intelligence has stalled in the field of judicial adjudication.Therefore,in the fourth part of this article,I try to propose a coordination method that effectively integrates traditional judicial adjudication and emerging artificial intelligence technologies to ease the conflict between new technologies and traditional models.From clarifying the auxiliary status of artificial intelligence,delimiting a reasonable scope of application for artificial intelligence,increasing relevant measures for procedural justice,and optimizing technical levels,tentative opinions are put forward.It will provide a theoretical reference for the future to better grasp the development direction of artificial intelligence and trial practice,and promote the mutual benefit and win-win of the two.
Keywords/Search Tags:Artificial intelligence, judicial decision, judge decision, procedural justice
PDF Full Text Request
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