Research On Intelligent Civil Litigation Under The Trend Of Informatization

From the agricultural and industrial revolutions to the information revolution,the prosperity of human society has gone hand in hand with disputes,extending from the scribble marks on stone tools to the virtual realm of code.In the age of data,rapidly evolving technology and the changing perceptions that accompany it are reshaping every aspect of the civil justice sector.As a crucial part of this,smart courts have naturally gathered the eager eyes of judicial practitioners,scholars in jurisprudence and related fields,and the general public.Many regions have accumulated certain results through pilot mapping.The more the practice is in full swing,the more the theory is called upon to give thoughts and responses.This paper therefore intends to start the research from four aspects.The introductory part summarises the background,significance and methodology of the research on the construction of a wisdom court in J province,and provides a systematic overview of the work that has been competed by scholars and judicial workers at home and abroad,using time as a clue.The first chapter of the main text provides an overview of civil judicial informatization in China.Starting from the top-level design of the Supreme People’s Court,it compares the history of informatisation of the people’s courts in China and the main achievements at the current stage.Since the mid-1990s,"People’s Court Informatization 1.0" has completed the conversion of court case files from paper to electronic versions,and "People’s Court Informatization 2.0" has gradually realized the conversion of the court hearing mode from offline to online.In recent years,the transition to "People’rs Court Informatization 3.0,,with big data and artificial intelligence technology as its core,has begun.In this process,the construction of judicial open platforms,internet courts and smart courts has been a milestone.Chapter 2 summarises and analyses the research data on the construction of the wisdom courts in J Province.Firstly,it outlines the construction of the wisdom court in J province,explains the reasons for the selection of the research sites and the research process,and then introduces the 3+N construction model of the wisdom court in J province based on the "Smart Receiving and Forwarding E Centre",By listing in detail three types of data on the production,circulation and service of electronic files,it shows the remarkable achievements of the J Provincial Smart Court in the field of civil justice informatization.This is followed by the introduction of several applications derived from the in-depth use of electronic files,such as Judge E Assistant,Trial E Management and Law Yin Media,and a summary of the useful experience accumulated in the operation of the Smart Court in J Province so farChapter 3 presents the problems faced by civil judicial intelligence in light of the research data and attempts to analyse the deep-seated causes of the problems.Specifically,firstly,the positioning of the wisdom court and wisdom justice is blurred.In terms of technology development and application promotion,the construction of smart courts is obviously biased towards court management and judges’assessment,and the development of intelligent systems to enhance judicial efficiency and assist in trial work is not as satisfactory as it should be.At the same time,the regulatory means of information technology have to a certain extent shaken the main position of judges in judicial activities.Secondly,the intelligent litigation process has challenged the traditional rules of civil litigation.This is mainly reflected in the reduction of confrontation between the parties in online court hearings and the absence of specific rules such as the exchange of evidence and electronic service of process.Thirdly,the intelligent application represented by case search and push is not effective,This is reflected in the fact that the matching degree of case search and push is not high enough to meet the needs of judges for trial reference,and the introduction of artificial intelligence into the trial work will lead to a certain impact on the discretion of judges Fourth,judicial data cannot meet the requirements of intelligence.The main problems are insufficient volume,low quality,circulation and authenticity of judicial data,and the black box of algorithms and algorithmic discrimination will also jeopardise the fairness and justice of civil justice.Chapter 4 puts forward suggestions for improvement and future outlook on the above problems.First,it is important to clarify the positioning of smart justice and smart courts at this stage.Smart courts are not meant to cover traditional courts,and smart justice is not meant to algorithmically replace judges in traditional justice,but to provide more accurate assistance to judges in their work.Secondly,the adaptability of civil judicial rules under the trend of information technology should be enhanced.In addition,the coverage of intelligent applications in the civil judicial process should be expanded.Finally,the system of civil judicial data security should be improved and the pool of complex talents should be strengthened.All in all,the process of building a smart court is essentially a process of integration of technology and justice,a process that is about "doing something,not doing something".Once the disorder and disconnect or over-reliance,judicial activities are not only impossible to further improve efficiency on the original basis,but will also undermine the internal laws and logic of justice,posing a threat to fairness and justice.At present,the blueprint of civil judicial intelligence in China has been formed,and the construction of a smart court is only the first step in a long march of ten thousand miles.Experts and scholars in various fields are working hard to cross the gap between theory and practice as soon as possible,which will on the one hand help the trial activities to follow the trend of the times and on the other hand make the judicial work more in line with the requirements of the people and the needs of society.It is not yet known when a smart court will be able to "win or lose" and "settle disputes",and I would like to do my part in the exploration process.