Study On The Positive And Negative Effects Of The Judicial Application Of Artificial Intelligence

Artificial intelligence has caused the third round of scientific and technological revolution in various fields of society.Its application in the judicial field is an important tool in the judicial reform of China’ s courts,which provides strong support in the aspects of document generation,file synchronization and sorting,analogous case push,sentencing assistance,evidence guidance,etc.Artificial intelligence adheres to the efficiency orientation,with the help of data identification,cloud computing and network transmission and other means to automatically simplify the cases,and reduce the time consumed by judicial personnel in routine work and simple cases,so that judicial personnel can focus on the trial of core affairs and difficult and complex cases and the judicial efficiency has been improved realistically.Comparing data labels by knowledge map and training model,the system will match the most analogous case and push it to judges and then generates early warning in event of deviating from similar cases.AI helps judges to make similar judgments for similar cases and unifies the judgment scale.Meanwhite,AI reduces the possibility of subjective factors affecting judicial procedure and outcomes,implements the activity in evidence in the whole process of handling the case and effectively reduces the judicial arbitrariness.However,due to the applications of intelligent judicial application share uneven qualities,they will bring incalculable negative effects to the judicature itself,which are as follows:firstly,to affect judicial autonomy,artificial intelligence intensifies the administration of the court and lead to the technicalization of justice secondly,to destroy judicial equality,artificial intelligence strengthens the strong and shortens the weak by lgorithm discrimination and strategy generation;thirdly,to violate the judicial credibility,artificial intelligence promotes intervention in the judiciary and induce people to question the judicial process and the results of the judgment.In the process of developing the judicial application of AI,China should fully develop the positive value of the judicial application of AI,maximize the tool value of AI,and grasp the auxiliary position of weak AI;cultivate compound talents and improve the comprehensiveness,accuracy and diversity of judicial data to make continuous optimization and breakthrough of intelligent judicial application.At the same time,eliminating the negative impact is also proper meaning of the development of artificial intelligence judicial application.It is necessary to constantly improve the transparency of intelligent judicial application,disclose the algorithm in the way of filing in advance and to introduce supervision mechanism into intelligent judicial application.As far as possible to prevent the negative impact of intelligent judicial application,for the damage caused by the judicial application of artificial intelligence,whether it is caused by the use of artificial intelligence by others or the damage caused by the independent behavior of artificial intelligence,the developer and user should bear the legal and ethical responsibility as artificial intelligence does not have the subject qualification and possibility to bear the responsibility.The team composed of technical experts and judicial personnel determines the specific subject and mode of liability according to the subjective state and technical level when the damage occurs.