Research On The Prevention Of Misjudged Criminal Cases From The Perspective Of Artificial Intelligence Justice

As a judicial phenomenon,wrongful convictions have always existed in the development of the rule of law in various countries.Preventing wrongful convictions is a judicial bottom line that must be adhered to.With the rapid development of artificial intelligence technology,"smart justice" has also become an important direction of reform in my country’s judicial field.The Supreme People’s Court and the Supreme People’s Procuratorate vigorously promote the construction of "smart courts" and "smart prosecutorial affairs",and the Ministry of Public Security has also proposed a plan for a relevant big data informatization platform,which will further enhance judicial credibility,improve judicial work efficiency,and promote judicial informatization.Construction has a positive effect.The prevention of wrongful convictions is one of the important tasks of criminal trials,and the introduction of artificial intelligence is also the general trend.However,the application of legal artificial intelligence in criminal justice is still in its infancy at this stage,and there are certain challenges and risks that require us to conduct a comprehensive assessment and actively respond.This paper is divided into five parts: the first part is the introduction,which mainly summarizes the research background and significance of the full text,as well as the research situation at home and abroad,introduces the significance of developing judicial artificial intelligence in the prevention of wrongful convictions,and clarifies the research ideas and research innovation point.The second part is a theoretical overview of the application of artificial intelligence to the prevention of wrongful convictions.Firstly,the concept and definition of artificial intelligence are expounded.The development of artificial intelligence is gradually evolving from primary artificial intelligence to advanced artificial intelligence.At the same time,it discusses the classification of the causes of criminal wrongful convictions,and classifies the causes of criminal wrongful convictions into three types: errors in the sense of substantive law,errors in the sense of procedural law,and errors in the sense of evidence law.Finally,the main functions of the artificial intelligence-assisted case-handling systems in Shanghai and Guizhou are introduced,and the main influences on the current judicial work are summarized.The third part is the path investigation of artificial intelligence applied to the prevention of wrongful convictions.This paper discusses the implementation path of artificial intelligence currently applied to the prevention of wrongful convictions.From the point of view of errors in the sense of substantive law,artificial intelligence is conducive to improving the accuracy of the application of the law and promotes the same judgment in similar cases.From the perspective of errors in the sense of procedural law,artificial intelligence is conducive to standardizing the judicial trial process and improving the quality of judicial trials.efficiency.Finally,from the perspective of errors in the sense of evidence law,artificial intelligence is conducive to assisting evidence review and judgment,and reducing the occurrence of illegal evidence collection.The fourth part is the research on the existing problems in the application of artificial intelligence to the prevention of wrongful convictions.Still starting from three types of errors,it systematically analyzes the dilemma of artificial intelligence applications and the prevention of wrongful convictions,that is,when preventing errors in the sense of substantive law,it is difficult to truly simulate the judge’s free testimony and value judgments.When the meaning is wrong,there is the problem of algorithm black box,and the problem of ignoring the protection of the rights of the defendant and the defender.When preventing errors in the sense of evidence law,there is the problem of algorithm discrimination and the empirical review of evidence has not yet been realized.The fifth part is the suggestions and countermeasures for the application of artificial intelligence to the prevention of wrongful convictions.First of all,it is necessary to establish the principles of artificial intelligence application,including the instrumental principle,the auxiliary principle and the refutable principle of the judgment result.At the same time,the application boundaries of artificial intelligence in the prevention of wrongful convictions should be demarcated,including the distinction between simple cases and complex cases in terms of case entities,the distinction between transactional work and adjudication work in judicial procedures,and the distinction between technical fields and values in evidence review.Judgment field.Finally,relevant supporting systems should be established to help artificial intelligence be better applied to criminal wrongful convictions,including establishing an accountability mechanism when artificial intelligence makes mistakes,implementing a system to protect the rights of defendants and defenders,and strengthening the development and application of judicial data.