The Dilemma And Relief Of Intellectualized Fact Finding In Criminal Cases

In the process of the Supreme People’s Court of China vigorously promoting the "smart court",the smart court project hosted by provincial high courts has made many outstanding explorations,providing great convenience for the improvement of judicial work efficiency.However,the attempt of intelligent information technology in the field of criminal case fact finding is still in the initial stage.In reality,only simple comparison of evidence can be achieved,and it is difficult to deeply analyze the consistency between evidence and the internal reliability of evidence.The intellectualization of criminal cases can be divided into two stages,namely,the processing of judicial data and the construction of judicial models.In the weak AI stage,AI technology can also help the construction of judicial databases,clarify the "bottom-up" access to AI knowledge,and help us accurately process judicial data.In the construction of the fact finding model of criminal cases,it can be summarized into two aspects: evidence analysis and evidence evaluation.The use of artificial intelligence technology to combine graphics and probability is conducive to improving the intelligent mode of criminal judicial proof,and to help achieve judicial justice by means of rigorous evidence analysis.The first part is about the legal reflection on the intelligence of fact finding in criminal cases.This paper summarizes the worries about the transfer of judicial power that generally exist in the intelligent era,refutes the view that algorithm technology violates justice,and proposes that algorithms help to achieve procedural justice and substantive justice.The second part attempts to construct the intelligent model of fact finding.The construction of the fact finding model should first build a judicial knowledge base,define the knowledge path,screen the case data,then analyze the model path,decompose the case elements,identify and process the data,and finally throw examples with the help of the graphic model to focus on the controversial points.The third part summarizes the dilemma of intelligent fact finding in criminal cases.Starting from the collection difficulties in the data processing stage,the algorithm risks in the judicial proof stage and the justice risks faced by the intelligent auxiliary system,this paper expounds the technical challenges and risk challenges that the intelligent auxiliary judicial system may face.The fourth part puts forward the relief path according to the dilemma faced by the intellectualization of criminal case facts.This paper proposes a data processing and algorithm disclosure mechanism,clarifies the evidence proof design approach and ensures the use boundary of the auxiliary system,while strengthening personnel training,ensuring technology sharing and other means to try to provide a relief path for the dilemma faced by the fact finding intellectualization.