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Research On The Application Of Judicial Decision Intelligence

Posted on:2024-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:H D YangFull Text:PDF
GTID:2556307091478204Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years,information technology and social governance are closely integrated,and artificial intelligence figures continue to be active in the judicial field.In order to enhance the degree of judicial intelligence as well as to comply with the trend of the development of the times,judicial organs across the country have built their own artificial intelligence case handling system,and the development of artificial intelligence has become a major national strategy in China.Courts around the world are in full swing with their research on intelligent adjudication,and have developed various AI judicial adjudication systems in practice,such as judicial AI auxiliary support systems and judicial AI auxiliary management systems.These judicial intelligences have brought powerful support to judges’ thinking and adjudication.Judicial artificial intelligence is incorporated into judicial reform with its inherent jurisprudential basis,namely,formal rationality lays the theoretical foundation of judicial artificial intelligence systems;substantive rationality promotes the value judgment of judicial intelligence;digital justice becomes the jurisprudential embodiment of judicial intelligence;at the same time,jurisprudential methodology provides the legal methods of artificial intelligence to assist judicial adjudication.The further development of intelligent technology in the judicial field has brought about profound structural changes in adjudication and has the effect of enhancing judicial efficiency,preventing wrongful cases and increasing judicial transparency,but due to the limited technical constraints,the application of judicial intelligence to judicial adjudication also faces certain problems.First of all,it is difficult to take into account the substantive justice;secondly,it will cause certain impact on the existing judicial responsibility determination,such as: the independence of judicial power is affected,the emergence of multi-responsibility subjects of responsibility allocation problems,the reduction of judges’ sense of responsibility;finally,in terms of technology,the complexity of algorithmic ruling,the imperfection of judicial database,etc.are obstacles to the development of judicial adjudication intelligence.Therefore,in order to further optimize the application of judicial adjudication intelligence,we should guarantee judges’ right to decide on adjudication results and their right to choose the application of intelligent auxiliary systems;divide the cases into simple and complicated ones so as to give full play to the advantages of artificial intelligence;improve the judicial responsibility system and enhance judges’ sense of responsibility;in terms of technology,establish a scenario-based algorithm transparency and case screening mechanism,focus on the cultivation of talents who combine intelligence and law,and improve the judicial database.The judicial database should be improved.In the judicial field,proactive measures must be taken to cope with this profound transformation.In this process,we should fully grasp the opportunity and take the combination of rational thinking and computer technology as a breakthrough to contribute to the promotion of the People’s Court Informationization Version 4.0.
Keywords/Search Tags:Artificial intelligence, assistance, judicial adjudication, algorithms
PDF Full Text Request
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