| The application of judicial artificial intelligence in China has been in the forefront of the world.Under the guidance of the national development strategy,the promotion idea of “development priority” has been formed.Accordingly,the regulation on the application of judicial artificial intelligence is relatively loose,which could not deal with the impact and challenges brought by the application of artificial intelligence to the judicial field.Through the quantitative analysis of Cite Space knowledge map and the review of existing literature,it can be found that the academia has not formed a consensus on the definition of judicial artificial intelligence,and still lacks a comprehensive understanding of the characteristics of judicial artificial intelligence applications and deep reflection of artificial intelligence technology philosophy,and the research on the correlation between the technical risk and application limit of judicial artificial intelligence remains insufficient,which has failed to provide effective theoretical guidance for the practical development and application regulation of judicial artificial intelligence.For the lack of awareness of the limitations of technology,the lack of deep understanding of the domination of technology,and the incompleteness of adherence to the auxiliary status in the application of judicial artificial intelligence in adjudication.To comprehensively examine and analyze the application risks and practical problems of judicial artificial intelligence in adjudication,this article uses the grounded theoretical research methods to conduct empirical investigations and construct a theoretical analysis model of the application risk and practical problems of judicial artificial intelligence in adjudication.In the research on the application of artificial intelligence in the judicial field in China,judicial artificial intelligence is endowed with the value objectives of improving judicial efficiency,unifying the application of law and realizing judicial justice,and is considered to be an auxiliary function to judicial adjudication.However,by examining the above theoretical analysis model,it could be found that,on the one hand,the practice of judicial artificial intelligence has led to a big gap with the official expected function and role orientation,resulting in the problem of application bias.The specific performance is that the judicial artificial intelligence has “uneven empowerment” for judicial participants,and its application effect is not as expected,and the application effect fails to reach the target.On the other hand,the application of judicial artificial intelligence contains risks.In technology empowerment,judicial artificial intelligence faces potential data algorithm risks;on the application field,judicial artificial intelligence contains the alienation of judicial functions,such as eliminating the inherent attributes of the judiciary,restricting the exercise of judicial power independently,overstepping the status of judicial auxiliary status,and reducing the quality of court trials;in the application effect,the application of judicial artificial intelligence may affect the implementation of judicial responsibility,impact the concept of judicial ethics and obstruct the traditional judicial culture,thus forming the risk of conflict of judicial system.The above analysis of the application effect and risk of judicial artificial intelligence in adjudication depicts a picture completely different from the official expected function and role positioning.The reason for its formation can be summarized as insufficient consideration of the boundary and limit of the application of artificial intelligence technology in judicial adjudication.Through the reflection on the technical level,the technical risk of judicial artificial intelligence comes from the application limit of big data and algorithm technology in the judicial field,that is,the deviation of judicial big data from the basic characteristics of big data,the subversion of algorithm on legal causality,the restriction on judicial discretion,the limitation in fact recognition and the difficulty in realizing the reasoning of judicial judgment.These determine the relative limitation of the application of artificial intelligence in judicial adjudication,and also indicate the irrationality of applying the general technology of artificial intelligence to the judicial field directly.Through the analysis of the ontology level,the judicial system conflict risk of judicial artificial intelligence stems from the application of artificial intelligence in judicial judgment,which fails to fully consider the judicial law and the particularity of the judicial field itself,so as to form a hidden danger in the practice of judicial judgment.Further,due to the lack of in-depth understanding of the judicial practice needs and technical empowerment effect of the applicable subject,the application practice of judicial artificial intelligence did not achieve the expected effect and preset goal,forming the application deviation of judicial artificial intelligence.Through the observation of the functional level,the risk of functional alienation of judicial artificial intelligence mainly stems from the improper influence of technology neutrality and instrumental theory,forming a one-sided understanding of the essence of technology,ignoring the formation of the technology dominance of the judicial artificial intelligence application,and failing to prevent the excessive pursuit of the efficiency of technological empowerment,so as to overstep its auxiliary status.To clarify the limits of judicial artificial intelligence,we should consider the following aspects: firstly,to repositioned the application role of judicial artificial intelligence in judgment.Through the effective promotion of judicial formal rationality,the limited intervention of judicial substantive rationality and the effective assistance of judicial practical rationality by judicial artificial intelligence,we can clarify the limited utility of judicial artificial intelligence to judicial rationality,and delimit the boundary for the application and regulation of judicial artificial intelligence.Secondly,based on the previous study of the limitations of judicial artificial intelligence at the technical level,ontology level and functional level,we can determine the important aspects of limiting the application of judicial artificial intelligence.In terms of technical regulation,through the balance between technological empowerment and power limitation and strengthen internal reconstruction and external control,the risk prevention and security control of judicial artificial intelligence research and development could be achieve.In the application field,by further clarifying the business pain points and core restricted areas,we can avoid the application risks and problems caused by the indiscriminate and unrestricted application of judicial artificial intelligence in the whole process of judicial trial.As for the application subject,considering the interactive influence between people and technology,the use authority,use limit and use procedure of the application subject should be strictly limited,so as to restrict the autonomy of judicial artificial intelligence and re-emphasize the subject status of judges.Finally,the replacement and innovation of artificial intelligence technology continues.On the one hand,we should base on current situation and clarify the “ability” and “inability”of “weak”judicial artificial intelligence at the present stage.On the other hand,we also need to face the future and target at the advantages and disadvantages of the existing“development priority” promotion ideas,through the establishment of relevant legal norms of judicial artificial intelligence,the improvement of institution guarantee system and the enhancement of ethical norms,so as to eliminate and resolve the legality,legitimacy challenges and technical ethics risks faced by the application of judicial artificial intelligence in adjudication,turn the “development priority” into“high-quality development advantage”,and ensure the healthy development of the application of judicial artificial intelligence in adjudication. |
