Application Space Of Intelligent Assistant Referee System

In order to bridge the gap between legal norms and social facts and to achieve the value pursuit of fairness and justice better,the judges should be given the corresponding discretion.Even in the civil law countries where written law is the main,judges have certain discretion to better connect the law with facts.However,in our judicial practice,judges generally have the problem of "large discretionary power but not standardized exercise" in judging cases,which undermines the internal consistency of law order.If the judge arbitrarily judges and abuses the discretion in the process of adjudicating cases,it will harm the judicial justice and destroy the stability of the law.Therefore,the discretion of judges should be regulated.China is in the critical period of reform,and it is necessary to make careful restraint on the discretion of judges.In this regard,a new round of judicial reform attempts to regulate the discretion of judges by designing intelligent auxiliary judgment system.The current intelligent assistant adjudication system can summarize the collective judgment experience of judges in various cases by studying the existing public judgment documents,and then predict the discretion on the basis of which,it can provide reference suggestions for judges.At the same time,it also has the function of pushing and departing from early warning of similar cases,so as to regulate the exercise of judges’ discretion,avoid arbitrary judgment,and ensure the internal one of the legal order The purpose is to ensure the credibility of judgment and realize the value pursuit of "equal,equal,different".For some simple cases,the intelligent assistant judgment system which can learn the experience of relevant cases through the study of a large number of existing cases can provide judges with high accuracy of judgment prediction.Because the facts of simple cases are clear and the applicable laws are clear,judges can make judgments efficiently and accurately when they try such cases.For difficult cases,it greatly reduces the difficulty and energy of judges in finding the legal rules and cases,and provides the corresponding reference for judges to make decisions and assist judges in making decisions.Judge and intelligent assistant judge system are the relationship between the referee subject and auxiliary tools,and the function of intelligent assistant judgment system in different nature cases is not identical.When judges make up for the advantages and disadvantages,they can make good interaction and provide guarantee for judicial justice.On the other hand,the introduction of intelligent assistant referee system also brings new risks to judicial decision.It can not be applied to the whole process of trial.Because of its limitations,it can not accurately understand complex legal language,and can not achieve the consistency between current judgment and historical cases at most,and can not reflect the value judgment of judicial judgment.Because the system can directly push the cases and output the judgment conclusion,the implicit algorithm discrimination will mislead the judge’s self The decision results in the implicit substitution of judges.The black box of algorithm violates the principle of trial openness.Therefore,the application of intelligent assistant judgment system has boundary.The characteristics of the case are that the facts and evidence of the case match the legal provisions to draw a conclusion.Such cases can be pre processed by intelligent assistant adjudication system,sentencing prediction and judgment documents generation,and then submitted to the judge for review and verification.For the non typed cases involving complex emotional factors,legal rationality and value judgment,if the legal provisions of mechanical application cannot meet the fair judgment and rational measurement of the case,the judge must strictly review it,give full play to the subjective initiative of the judge,rationally use the discretion to judge,and the participation of intelligent auxiliary judgment system is limited.In the era of artificial intelligence,it has become a new requirement for judges to use intelligent assistant judgment system to avoid technical dependence.On the one hand,under the background of "how many people have,how much intelligence is there",we should further optimize the intelligent assistant judgment system,give full play to its corresponding functions,regulate the arbitrary discretion of judges in simple cases and promote the quality and effectiveness of the trial.On the other hand,in order to ensure the benign interaction between judges and intelligent assistant adjudication system,we should make the corresponding guidance and standard documents and strengthen the reasoning activities of the judgment documents to give full play to the judge’s position of the referee,and give the parties the right to know and appeal to the judge and the intelligent auxiliary judgment system Conduct external supervision.Specifically,the article consists of four parts,the specific content is as follows:The first part discusses the problems in the process of the judge exercising the discretion.In judicial activities,the judicial act is the center of law,and the discretion of judges is the center of judicial action.In order to discuss how intelligent assistant judge system is involved in judge’s discretionary behavior,it is necessary to explain the nature and limit of judge discretion and the practical problems in judicial practice.The second part mainly introduces the related functions,theoretical basis and expected effect of intelligent assistant referee system.Intelligent assistant judgment system is an artificial intelligence expert system which assists judges to make decisions in the process of judge judgment.It actually involved in the judge’s trial of cases.It assisted and even intervened in the judge’s discretion behavior through three core functions,such as the push of class cases,the prediction of discretion and deviation from early warning,which had a substantial impact on the final judgment results.At present,there are corresponding systems all over the country.These systems have similar functions and rely on a large amount of big judicial data.They are based on the theory of legal formalism and legal realism,in order to achieve the unified judgment scale,regulate the arbitrary discretion of judges and realize "visible justice".The third part discusses the limitation of intelligent assistant referee system.Although the system can help to regulate the exercise of judge discretion,it has its own inherent limitations.It can not understand the complex legal language accurately,obtain the justification basis of the judgment,and also can not reflect the value judgment of judicial judgment.The algorithm based on the judicial big data will mislead the judge’s discretion.The black box of the algorithm makes the weak judge’s reasoning more ambiguous,which leads to the lack of case justice.The fourth part discusses the auxiliary positioning and the perfect path of the intelligent assistant judgment system.The paper discusses the irreplaceable nature of judges in the trial activities,which is mainly reflected in the process of confirming facts and applying laws.Therefore,intelligent assistant judgment system is only a kind of auxiliary tool.Through making corresponding guidance and normative documents,strengthening judge’s reasoning on judgment,insisting on the experience of judicial activities,the system can be standardized and technical dependence can be avoided.At the same time,the existing intelligent assistant referee system should be further optimized.For the "basis" of the intelligent auxiliary judgment system,the judicial big data should be further improved in terms of quality and quantity.At the same time,referring to the system construction of medical artificial intelligence expert system,the corresponding algorithm Review Committee is established to eliminate the algorithm black box from the inside.Finally,through the introduction of the right to know and appeal of the parties to the case to carry out external supervision.