| Judicial judgment is not a "automatic vending machine".The fundamental reason is that judges can make value judgments in judicial cases.In the process of case trials,the core essence of judges’ value judgments is to carry subjective value preferences to make decisions in fact determination and legal interpretation.Value judgments are an indispensable part of judicial judgments.Artificial intelligence has no "seven emotions and six desires",and it is unpredictable when it comes to subjective consciousness,feelings,and value choices.The relationship between artificial intelligence and law is getting closer.The existing artificial intelligence products such as legal reasoning models and evidence reasoning models play a unique role in the judicial field,but the research of artificial intelligence in the field of value judgment is the most difficult obstacle to judicial artificial intelligence.However,under the premise that the fit between artificial intelligence technology and the legal field continues to increase,we can demonstrate the feasibility of artificial intelligence value judgment,but we can clearly see that due to the intervention of value judgment,artificial intelligence has shown great significance in judicial practice.Technical limitations have exposed the serious mechanization problems of the judicial artificial intelligence system.Judicial artificial intelligence systems for judicial judgments need to realize legal norms and intelligent judgments of case facts on the one hand,and on the other hand they must be able to integrate legal values into judicial judgments.From the perspective of legal realism,focusing on the limitations of value judgment in the legal interpretation and fact finding process,explore the possibility of artificial intelligence in jurisprudence and technology to make value judgments,and propose one-to-one optimization from the macro-construction and specific schemes.Suggest.Based on the existing technical capabilities and technical level,a preliminary idea of how judicial artificial intelligence responds to value judgments is made.The first part mainly elaborates the value judgment characteristics of judicial artificial intelligence and the crisis faced by traditional legal formalism.Leibniz proposed using mathematical logic to deal with complex situations in the law,transforming legal rules into program codes that can run automatically,realizing the coding of legal rules;forming value data through the process of attribute features,attribute values,and the final formation of feature vectors The in-depth development of machine learning has promoted the digitization of value and the intelligentization of value judgment.The above all reflect the possibility of value judgments being integrated into judicial judgments through judicial artificial intelligence.However,as judicial artificial intelligence penetrates into the field of value,traditional legal formalism shows the crisis of mechanization of formal reasoning and value neutrality.The second part mainly elaborates the main limitations of judicial artificial intelligence value judgment.The necessary value judgments in judicial adjudication have become people’s consensus at a certain level.Due to insufficient academic research on value judgments and lack of confidence in artificial intelligence technology,whether judicial artificial intelligence systems can involve the field of value judgments is often questioned.The main limitations of judicial artificial intelligence value judgment research are the value judgment based on fact identification and legal interpretation,the diversification and weighing of legal value,and the need for justice in untyped difficult cases.The above are all artificial intelligence embodied in judicial practice.Technical and institutional limitations.The third part mainly elaborates the advantages of legal realism theory used in judicial artificial intelligence value judgment.Legal formalism scholars believe that law is a closed system of rules.This system has a perfect operating mechanism.It does not need to be connected with other social factors.However,legal realism scholars believe that law and other social factors are inseparable,and judicial adjudication is more than just It must be based on the law,as well as comprehensive consideration of factors such as morality,habits,and values.By sorting out the basic propositions of legal realism,including rule skepticism,behavior-centrism,and social functionalism theories,legal realism theory can promote the transformation of judicial artificial intelligence from intelligent simulation to subjective judgment thinking,and promote the solution of difficult cases.Adhere to the premise of formal justice and give consideration to realizing substantive justice.The fourth part mainly elaborates the optimization suggestions of judicial artificial intelligence value judgment.On the macro level,artificial intelligence may replace judges in judicial judgments to a certain extent in the future,which mainly depends on the advancement of artificial intelligence technology and the height of academic research in jurisprudence.In terms of specific plans,technically,the establishment of category case recognition technology and the deepening of natural language processing technology can alleviate the ambiguity of legal rules and the limitation of legal interpretation on the reconstruction of text meaning.At the system level,for the value judgment of fact-finding,it is proposed to use the intelligent identification technology of evidence and the probabilization of causal reasoning to cope with the multiple and weighing limitations of legal value.It is proposed to realize the value based on the value data set and the algorithm program,and use the decision tree to realize the value.Choice.At the same time,the judicial artificial intelligence system uses dialectical logic and legal reasoning,and under the premise of integrating value judgments,it can alleviate the negative effects of uncertain factors on judicial justice,which can promote the research and development of judicial artificial intelligence systems.Based on the discussion at the technical and legal level and the promotion of artificial intelligence in judicial practice,artificial intelligence has the possibility of occupying a place in the field of value judgment,which can make judicial artificial intelligence play a greater role in judicial practice,and ultimately Realize the coordinated development of justice and artificial intelligence. |
