Research On The Prevention Of Criminal Misjudged Cases In The Context Of Intelligent Justice

With the development of information technology,the research and development of intelligent justice has been continuously strengthened.Focusing on the field of criminal justice,the research and development background and purpose of intelligent justice are to prevent criminal misjudges,so that the facts and evidence of the case can withstand the test of time and law.The application of intelligent technology in criminal justice practice can indeed help solve judicial problems,effectively prevent criminal wrongful cases,and realize judicial modernization.However,judging from the current judicial practice,the application of intelligent technology in the field of criminal justice still has certain limitations,and to some extent it has caused an impact on the original judicial system.Therefore,in order to use intelligent technology to prevent criminal wrongful cases,it is necessary to comb the causes of criminal wrongful cases as the basis,take the characteristics of intelligent technology as the origin,and combine the needs of judicial practice to continuously improve the application of intelligent technology in criminal justice.In addition to the introduction and concluding remarks,the article contains four chapters:The first chapter analyzes the basic problems of preventing criminal wrongful cases in the context of intelligent justice.It mainly includes: First,the definition,causes and predicaments of criminal wrongful cases.Defining the concept of criminal wrongful cases can help bridge judicial difference and reduce the incidence of misjudged cases.Analyzing the causes of criminal wrongful cases and the current preventive dilemma can help make criminal misjudged preventive measures more targeted.Second,the definition and characteristics of smart justice.Smart justice is a mode of intelligent technology assisting justice.Its essence lies in making justice a science through its powerful computing and learning abilities.Third,the rationality of using intelligent technology to prevent criminal wrongful cases.The fit between the technical characteristics of intelligent technology and the needs of justice,“legal formalism”,“legal realism”,and “open structure” theories all provide the basis for the application of intelligent technology to the prevention of criminal wrongful cases.The second part is a practical investigation on the prevention of criminal wrongful cases under smart justice.It mainly uses empirical research methods to analyze the application of three representative intelligent judicial systems in the judicial practice of Guiyang political and legal big data case handling system,the Shanghai “206 system”,and Jiangsu “case management robot”.The analysis found that intelligent technology can help strengthen the review of case evidence,improve the quality and effectiveness of judicial work,effectively prevent external forces from interfering with case,and achieve effective prevention of criminal wrongful cases.The third chapter is an examination of the problems existing in the application of intelligent justice to the prevention of criminal wrongful cases.From the macroscopic and microscopic perspectives,the problems in the application of intelligent technology in judicial practice are explained separately.In terms of macro aspects,it is mainly manifested as follows: First,there is a discourse conflict in the application of intelligent technology in judicial practice,and it does not really exert its effect;second,the application of intelligent judicial systems does not fully implement some judicial principles;third,the justice of individual case is difficult to be guaranteed.At the micro level,it is mainly manifested as follows: First,it is difficult for intelligent systems to form evidence to prove standard judgments;second,under smart justice,the “data gap” makes it difficult to effectively implement the right of defense;third,the objective risks of intelligent technology are disguised as an excuse for the referee to shirk responsibility.The existence of these problems reduces the personal experience of judicial fairness and justice.The fourth chapter is the perfect suggestion on the application of smart justice to the prevention of criminal wrongful cases.At the macro level,it is necessary to transform the original logic of technology to adapt to judicial needs and achieve the unity of discourse in judicial practice;to rationally position intelligent technology and clarify the focus of the referee’s court review;to be able to optimize the data foundation and the way of reasoning,and promote the justice of the case.At the micro level,it is necessary to improve the embedding and application of evidence standards in the intelligent judicial system;the defense can be promoted by strengthening the defense of the defender’s right to know the data and the right to object to the data results,improving the expert assistant system,and transferring the defender’s defend focus.The relative equality of the defense;it is also necessary to further clarify the status of the judicial personnel as the subject of responsibility.