The Application Of Artificial Intelligence In The Current Chinese Judiciary And Its Limitations

With the advent of the intelligent era,artificial intelligence has been widely used in various aspects of system and practice,and as a social subsystem,the judicial organs can not avoid.It should be seen that the judicial application of artificial intelligence has both the trend of the times and the demand of reality.Under the background of judicial reform,the application of artificial intelligence in the judicial field is irreversible.In China,there are different judicial practice forms of primary artificial intelligence,intermediate artificial intelligence and advanced artificial intelligence.On the one hand,the primary AI can promote the case data,help the court improve the information level of the case,improve the accuracy and speed of the search;on the other hand,it can provide the case guidance,and provide limited judgment Imitation Based on the independent intelligence in the process of handling the case by the judge.Intermediate artificial intelligence has the ability of integration,which can help the internal business integration of a single judicial organ,and also help the judicial organ integrate with the data of other information providing platforms;in addition,the intermediate artificial intelligence has the ability of independent learning,and can carry out effective reasoning and knowledge representation.However,the advanced artificial intelligence is not mature in theory and technology,so it has not been found in the current judicial practice in China.The application of artificial intelligence can meet the requirements of judicial modernization,improve judicial efficiency and bring about the expansion of ideas and methods.The creation of the judicial ability by artificial intelligence is manifested in the innovation of judicial concept,which can deepen the concept of judicial openness and improve the concept of citizens' responding to complaints;secondly,it can bring about the expansion of judicial methods,effectively supplement the legal interpretation methods and extend the judicial reasoning methods;thirdly,it can improve the judicial efficiency,thus bringing about the change of cognitive sources of efficiency and the thinking of procedure design Finally,it can strengthen the judicial effect,deepen the openness of the judiciary,further enhance the justice of the judiciary,and effectively maintain the unity of the judiciary.While building judicial capacity,AI has its own technical uncertainty and the wide range of technology involved in the judicial process,which may bring potential risks in its application.At the same time,justice is the last line of defense of society.The small risk is related to the vital interests of the people.It is necessary and practical significance to correctly understand the potential risks of the application of artificial intelligence justice.The judicial application of artificial intelligence may make the traditional judge image face crisis,the judge's behavior tends to be technical,and the reflective and critical nature of the judge profession is dispelled.Excessive technicalization will lead to the emergence of technical power,which makes the authority of judges face challenges.In the context of the era of China,people's understanding of justice diversity tends to make the image of judges anti intellectualized,and the field of judgment is also facing the risk of reduction.The judicial process in the past may be in a dilemma,and the filing,discretion,execution and supervision procedures will be affected.In addition,the inherent judicial function is reduced,and the weakness of artificial intelligence in the measurement of judicial value may lead to the imbalance of judicial consideration.The application of artificial intelligence in response to the needs of the masses may face the lack of correspondence,timeliness and synchronization,which leads to the risk of judicial anxiety further shift.In China,the traditional,modern and post-modern ideas coexist.The discussion from a single perspective can neither cover the current situation nor benefit the development and progress of society.As for the phenomenon of artificial intelligence judicial application,we must take a rational attitude to examine it in all directions.On the one hand,the application of artificial intelligence is in line with the trend of the times,conforms to the concept,form and technology of the information society,and can effectively promote the deepening of judicial reform,and inject new impetus into the judicial reform.On the other hand,we should make clear the limits and roles of AI in judicial application,keep caution and restraint all the time,and strive to strengthen the fairness of the application of artificial intelligence in judicial application,ensure the fairness of code design,and promote the justice between judicial power and technical power represented by intelligent technology,technical power and the relationship between the parties and the potential social masses behind it Justice,promote the establishment of the standards of artificial intelligence judicial application guided by moderation and fairness.