Study On The Way Of Criminal Evidence Examination And Judgment Under The Background Of Intelligent Age

Now,China is comprehensively deepening the reform of judicial system.Under the background of intelligent era,it is a new opportunity brought by the era to reform the way of criminal evidence examination and judgment with the help of artificial intelligence technology.The review and judgment of criminal evidence is closely related to the trend of a case.Reasonable use of artificial intelligence to review criminal evidence is a feasible choice to solve the problem of "fewer cases" and improve the efficiency of litigation in the field of criminal justice.At present,the application of artificial intelligence in the field of criminal justice is actively explored and practiced at home and abroad,and the achievements are very obvious.As early as the 1970 s and1980s,foreign countries had the idea of applying artificial intelligence technology to criminal evidence review and judgment.For example,the UK has introduced artificial intelligence technology to assist prosecutors in reviewing and judging evidence at the prosecution stage.In the United States,artificial intelligence technology is used to assist judges in in-depth investigation of the authenticity of expert testimonies.In contrast,more mature technologies in China include Shanghai "206" intelligent case handling assistant system and Guizhou political and legal big data case handling system.These two systems regulate judicial personnel’s behavior in the stages of evidence collection and preservation by formulating unified "evidence standards",and assist judges to judge the integrity of the evidence chain at the trial stage by using diagrams with case handling logic.Although the introduction of artificial intelligence in the field of criminal evidence review and judgment has greatly improved the efficiency of case handling,there are some problems in these systems at present.Such as algorithm black box,algorithm bias,rigid way of judgment,affect the discretion of the judge,it is difficult to carry out substantive review judgment alone.In order to solve these problems,we can strengthen the algorithm supervision,optimize the evidence model,improve the rules of artificial intelligence application and so on.This thesis aims at optimizing the review and judgment of criminal evidence by artificial intelligence,and discusses the existing problems and solutions in the application of artificial intelligence in the review and judgment of criminal evidence.In addition to the introduction,the full text is divided into four parts.The first part elaborates the concept of artificial intelligence and divides the application of artificial intelligence in the field of criminal justice into primary judicial artificial intelligence and advanced judicial artificial intelligence.Secondly,it introduces the characteristics of criminal evidence review and judgment from three aspects: subject,judgment content and judgment method,divides criminal evidence review and judgment standard into individual evidence review and judgment standard and whole case evidence review and judgment standard,and introduces the review and judgment method of criminal evidence with "three-step rule".The second part elaborates the ways of artificial intelligence review and judgment of criminal evidence in the era of intelligence,classifies them by "single" review and judgment and "whole" review and judgment.Taking the "Expert Robot" system in the United States and the evidence judgment assistance system of the Crown Prosecution Service in the United Kingdom as examples,this paper expounds the "single type" examination and judgment method.Based on Shanghai "206" intelligent case handling assistant system and Guizhou political and legal big data case handling system,the "holistic" review and judgment mode is elaborated.Finally,a comparative analysis of the above several artificial intelligence systems and a summary of the two kinds of review and judgment methods is made,and it is concluded that artificial intelligence can only play a tool value,and its conclusions can be overturned when there is a reasonable basis.The third part puts forward the problems existing in the evidence review and judgment of artificial intelligence in the context of the intelligent era.On the one hand,artificial intelligence system itself may have algorithm black box,algorithm bias,difficult to carry out substantive review and other problems;On the other hand,in the process of using artificial intelligence system,its excessive use may affect the judge’s discretion and judgment,and hinder the implementation of trial centralism.In addition,the way of examining and judging evidence of artificial intelligence is relatively rigid,which may lead to wrong prompts.In addition,the attribution of power and responsibility is easy to be confused after the occurrence of judicial liability accident.The fourth part gives the corresponding solutions to the problems raised.This part proposes the following solutions to systematically solve the problems in the review and judgment of criminal evidence by artificial intelligence: optimize the evidence model to ensure the accuracy of the review and judgment of evidence by the intelligent system;Improve the algorithm supervision system,set up a special agency for algorithm supervision,use the credibility of PDP,ICE,ALE and LIME to interpret the algorithm,strengthen the algorithm interpretation;Defining the auxiliary position of artificial intelligence,standardizing the rules of artificial intelligence intervention,and establishing the principle of the priority of responsibility of judicial personnel.