The Legal Basis And Logical Approach Of The Construction Of Intelligent Court

The intelligent court is an era product of the deep integration of information technology and judicial activities,an inevitable trend of judicial system reform in the information age,and an important tool to ensure judicial justice and judicial efficiency and relieve the pressure of "fewer cases".In the process of the development of intelligent court,there are some concepts such as sunshine court,electronic court,intelligent court and Internet court.The emphasis of sunshine court is different from that of wisdom court.Electronic court and Internet court,intelligent court and intelligent court are essentially the same type of court,but with different names.There is an intersection between the Internet court and the intelligent court,and some practices of the Internet court can be transferred to the construction of the intelligent court.In the construction of an intelligent court,three levels of value objectives should be achieved:firstly,at the level of internal management,the technical concept should be penetrated into the internal management of the court to achieve the refinement and intelligence of management;Secondly,at the trial and judgment level,based on the whole process of the trial and judgment work,improve the quality and efficiency of the trial,optimize the trial service;The third aspect of information disclosure is the deep integration of scientific and technological concepts and judicial openness through the establishment of judicial database and judicial data open sharing platform.However,in the process of the construction of the intelligent court,there are some problems such as the imbalance of judicial justice and judicial efficiency,the construction of the judge team is not synchronized,the impartiality of the judgment needs to be strengthened,the over-emphasis on the construction of the module and the supporting measures need to be improved.The main causes of these problems are the cognitive deviation of "technological determinism"and "technological assistance theory",the lack of the dialectical concept of judicial justice and efficiency,the concept of system construction and the concept of strategic cooperation,and the lack of quality education for judges.To this end,we should take the wuzhen consensus for the wisdom of the construction of the court basic guide,always adhere to the concept of judicial justice and judicial efficiency dialectical and diversified dispute resolution concept and respect for the parties to the basic principles of program options,first through the relationship between wisdom and traditional cases,establish technical assistant referee trial mode and the construction of integration of the online litigation mechanism,process reengineering of litigation,the court of wisdom from change management ideas,online case management system and perfect court judge evaluation mechanism three aspects to wisdom and effectiveness of construction management,Finally,the judicial openness of smart courts is promoted by establishing standards and norms for the open sharing of judicial data and building a platform for the disclosure and sharing of judicial data.