| At the 16th Supreme Court Presidents Meeting of the Shanghai Cooperation Organization(SCO),Justice Zhou Qiang,as a representative of our country,reiterated my country’s position on the judiciary,that is,modern digital and intelligent technology will be combined with the judiciary,and strive to create a high-level digital judicial.Focusing on the judicial field,the accompanying result of the rapid economic and social reform and development is the diversification and complexity of legal disputes.The phenomenon of"different judgments for similar cases" in the judicial field has also become a constraint affecting fairness and justice in the new era.The root problem behind the appearance is that the standards for the application of laws are not uniform.In ancient my country’s "Xunzi.Wang Dao",there was a cloud:"Those who have the law follow the law,and those who can’t use the analogy,and listen to everything." This emphasizes the importance of analogy in the case of loopholes in the law;The case law system of the common law system follows the precedent and case analogy method,which also has the flexibility and timeliness that the legal system with the characteristics of our statute law lacks.Therefore,my country established a case guidance system in 2010,dedicated to making up for the creation of adjudication norms at the legislative level to make up for loopholes in the statute,and at the judicial level to promote the same judgment of similar cases to achieve fairness and justice.However,in the judicial practice of more than ten years,the case guidance system relies too much on administrative coercive power,the number of cases is too small,the delay in responding to judicial disputes and the low utilization rate are gradually emerging.Therefore,it is necessary to further discuss and revise from the dual aspects of reconstructing the case system and applying judicial cases.At the 1 6th meeting of the principals of the Supreme Courts of the member states of the Shanghai Cooperation Organization held not long ago,Mr.Zhou Qiang,President of the Supreme People’s Court of my country,once again clearly expressed the attitude of the Chinese judicial community towards modern digital and intelligent technology.The integration of modern technology and court work is striving to create a higher level of digital justice." In practice,my country continues to promote the construction of smart courts,and through technological support such as big data and artificial intelligence,cloud computing.and blockchain,it has driven the internal legal system to improve the quality of justice.The two dimensions of program and entity drive the realization of "digital justice".In-depth study of the proposition of "digital justice",in the final analysis,the role of "digital" is a technical channel,and the goal to be pursued is still the realization of fairness and justice,and it must be realized in a visible way.As the main body of the judiciary,judges have a close relationship with the parties through judicial activities.Therefore,compared with the obscure and boring laws,the previously formed cases are more intuitive and immersive for each case participant and other social public.feeling effect.Today,when we are committed to building"digital justice",the role of "similar cases,similar trials" is like the "crutches" of the rule of law.Therefore,to promote the realization of the goal of the same judgment in similar cases,it is necessary to clearly outline the reform path for the integration of justice and big data technology,and implement it in a targeted manner.One of the ways is to promote the deep human-machine integration of big data and artificial intelligence technology with the judge group at the technical level,so that intelligent technology can become a strong support for justice and efficiency in the judicial field.The second way is to improve the targeted functions of the judicial big data platform and artificial intelligence technology with the help of the judicial wisdom that has been formed by the judge group.These two paths rely on each other and promote each other,and are unified in realizing the vision of promoting fairness and justice in the same judgment of similar cases. |
