On Publicity Of Algorithm In Smart Justice

Smart justice is a new concept and development form proposed by judicial organs in the process of improving informatization construction.It is a three-dimensional scenario-style strategy for applying new smart devices to various stages from pretrial to trial.Different from other stages of informatization construction,smart justice relies more on Artificial Intelligence(AI)and Intelligent Assistant(IA)technologies in the computer field to realize the automation and convenience of judicial decisions.Algorithm is a key element in the construction of intelligence.The algorithms that need to be disclosed in this article are limited to those carried by smart tools used in smart justice scenarios,which are determined by the characteristics of the algorithms in smart justiceThere are mainly four kinds of disputes about how to define the legal attributes of algorithms.The algorithms are reduced to speech,trade secrets,due process and patents.The reason why the algorithm is attributed to speech is rooted in the legal nature of its calculation results.Algorithms are trade secrets,derived from the defense of commercial companies that produce smart judicial tools.Regarding algorithms as due process or procedures is an abstraction of the dynamic process of judges using them to arrive at a ruling from a process perspective.The algorithm attributed as a model of patents is based on the current property rights protection norms and attempts to include algorithms in the scope of protection of property rights.This is a consideration of consequentialism.The reason for so many controversies and enthusiasm is the pursuit and admiration of law for mathematics and logic.Second,it is determined by the limitation of the law,and there is no clear provision in the current law.In addition,algorithms have various interdisciplinary characteristics and are very complex.In addition,the adhesion of algorithms and judicial results,privacy,and data in the judicial field aggravates the difficulty of attribute resolution.Among the four schemes,the mode of defining trade secrets is more in line with the status quo of our country’s laws and arrangements for subsequent protection and regulations.The disclosure of algorithms in smart justice is very necessary.The construction of judicial informatization continues,and algorithms are taking over the entire field of justice,which brings a lot of uncertainty to the original fair judicial judgment.In smart judgment,the algorithm is the judgment.The core function of the algorithm determines that it must be vigilant against the widespread or even excessive use of the algorithm The public algorithm can prevent the algorithm from "hiding dirty" to a large extent,and the review of the algorithm can provide a formal premise for the specification algorithm.In the current and future development of the judicial blockchain,the algorithm is the key technology for its realization,and the stability and credibility of the algorithm must be ensured before this strategy is fully implemented.The algorithms in open justice have far-reaching significance and are needed for development.The dual nature of the algorithm determines that the disclosure of the algorithm is not a simple matter.Readability is a distinctive professional feature of an algorithm,which makes many people unable to understand this technology.Mathematics,logic,semiotics,language and machine language,compilation and DE compilation technology all reduce readability.Although the algorithm realizes the solution in a limited number of steps,it is deterministic.However,due to reasons such as maintenance,improvement of effectiveness,and safety,the algorithm in the judicial system will change,which will also affect the design of the final algorithm disclosure method.The deficiencies in the current law have caused the legal attributes of the algorithm to be unclear,and the subject of its rights is not so clear.The public willingness of the rights subject affects the feasibility of the final public plan.Whether it is for the courts or for commercial companies,if the cost of algorithm disclosure is too high,the risk of improper disclosure is too high,and the "benefits" of algorithm disclosure are not clear,it may hinder algorithm disclosure.Another practical obstacle to designing public programs and participating in algorithm publicity is the current single knowledge structure,which is also caused by the increasing specialization and closedness of judicial and legal educationThese obstacles affect the final design of the algorithm disclosure scheme,but also guides the exploration of the algorithm disclosure scheme.When designing a specific plan for algorithm disclosure,first of all,it is necessary to clearly stipulate the attributes of the algorithm in law.Only in this way can the subsequent protection and regulation related matters be determined.The trade secret model can be covered by my country’s current law,but there is still a lack of regulations on the specific protection,which is a better solution.Among the multiple publicly-oriented subjects,the court is the most suitable subject in comparison.Choosing this subject can not only protect the interests of commercial companies,but it is also determined by the dual characteristics of the algorithm,is also out of respect for judicial power,and it is also the use of resources at the hands of the court.Under the balance of the three triggering disclosure mechanisms of disclosure from the beginning,disclosure in the matter,and disclosure in stages,disclosure from the beginning can best achieve the purpose of algorithm disclosure.Although there are more or less deficiencies in both dynamic and static disclosure methods,the former can better take care of the characteristics of algorithm changes and make disclosure effective.Disclosure also has certain limits.Not all algorithms of smart devices need to be disclosed,and only those algorithms that play the role of intelligent auxiliary trial are disclosed,which has practical value and significance.The disclosure of the algorithm still needs continuous exploration.