Inference Modeling Of Judicial Judgment Expert System

Artificial intelligence technology is developing at an alarming rate.Since its birth,artificial intelligence has been developing from the study of general problems to the legal field in just over 40 years.Judicial judgment expert system is a branch in the study of artificial intelligence expert system,seen as the artificial intelligence infiltrating to legal field.In recent years,the application of artificial intelligence in judicature in our country has obtained certain achievements,highlighting the legal information retrieval and evidence review,which helps to reduce judicial cost and promote the working efficiency.However,there are lots of things to do in judge thinking on legal reasoning supported by artificial intelligence.It’s not definite that the answer to the judge’s question will be replaced by artificial intelligence，but the analysis of it reflects the level on ought to be.In reality,it has two sides between "to replace" and”can replace".Based on the analysis of the necessity of the judicial referee expert system model,this paper tries to explore the feasibility of the model construction from the perspective of theory.This article will have a whole review of combing the theoretical basis of the expert systems,namely,legal formalism,realism,Hart’s legal vacancy structure,Dworkin’s view of integrity law,and Theory of Negotiation.And the case is divided into simple cases and difficult cases,trying to simulate the judge’s legal thinking in judicial activities on this basis,the preliminary modeling of judicial expert system reasoning:simple cases follow the formal reasoning model,expert system through case analysis to extract the major premise(legal norms),minor premise(legal facts)finally deduced the conclusion(judgment results).In view of difficult cases,it will follow the mode of dialectical reasoning,reference to existing norms,typical cases,according to the general principles of the law,habits,justice and other legal and ethical consciousness,shuttle back and forth between the facts and norms,and finally reach the conclusion of the judgment.It seems to be not a distant dream to realize the role substitution of Hercules-type omniscient and omnipotent judge in Dworkin’s works,and finally to achieve the perfect unity of formal justice and substantive justice of the judgment result.