Research On The Construction Path Of China’s Current Smart Courts

Under the background of the integration of modern information technology into all kinds of business forms of society,the intervention of information technology such as artificial intelligence and big data into the judicial field has become an important and irreversible trend in the current judicial construction,smart courts is the product of the judicial field in the information age.Smart courts has distinct judicial,service and technical attributes,and its goal is to build judicial business sectors such as intelligent trial execution,intelligent litigation service and intelligent judicial management,to rebuild the court business process online,to upgrade the court operation model with modern information technology,to help our courts to achieve the modernization of the trial system and trial capacity.Smart courts is a concept specifically designed for the informatization construction of courts in China.Their emergence and evolution are in line with China’s information development strategy and digital judicial practice.Their core connotation lies in using current technological innovation achievements as instrumental paths to promote judicial reform,and making business modules such as trial execution,operation management,and litigation services online and intelligent,thereby achieving the established goal of modernizing the trial system and trial capabilities.China’s smart courts has gone through the stages of information preparation and infrastructure construction,big data collection and integration,and comprehensive intelligent application.Each stage has corresponding construction content,but the division of these stages is not entirely clear,only based on the main construction content of each stage.From the current situation,it can be seen that each stage has completed its goals and mission,laying the foundation for the development of smart courts in the next stage.At present,China’s smart courts is in a new stage from "3.0" to"4.0" versions,but overall they are still in the "weak artificial intelligence" stage.The comprehensive consolidation and improvement of digital application achievements to improve judicial efficiency and promote judicial fairness are still the main line of smart court construction.The construction and development of smart courts in China have profound driving factors:internal reasons mainly include the current judicial business situation faced by Chinese courts,the constantly emerging new types of judicial business,and the practical need to improve judicial business and management level;The digital needs of the litigation subjects and the continuous development of information technology constitute the external factors for the development of smart courts.Understanding the causes of these developments,namely the issue of "why" the construction of smart courts,is of great significance for grasping the background and direction of China’s smart courts construction from a macro perspective.The construction of smart courts in China follows a relatively clear logical path.By deconstructing and analyzing the construction of smart courts from the perspectives of power sources,construction mechanisms,and assessment mechanisms,the basic logic of smart court construction in China can be grasped.By clarifying the basic theories of the connotation,characteristics,development process,construction status,and development logic of smart courts in China,there are still issues such as imbalance between top-level design and local practice,inaccurate alignment of technical attributes with judicial standards,and insufficient coordination between technical supply and subject demand.In the current stage of the construction of smart courts in China,it is necessary to strengthen the top-level design of smart court construction and coordinate local independent construction,establish a smart court achievement development system guided by judicial needs and application subjects,strengthen the supply of people,property,and technology,appropriately introduce market-oriented mechanisms,strengthen technical standards and security construction,and handle the integration with other information systems,Ensure that the smart court always maintains the correct development direction and continuous driving force.