The Study On The Construction Of The Intelligent Court

The construction of the Intelligent Court is a major judicial innovation that can powerfully empower the construction of the rule of law in China.Based on artificial intelligence,big data,cloud computing and other modern intelligent technologies,these technologies can be applied comprehensively to the judicial practice of the court.This process can innovate the form of court information construction and regulate the business activities of the court.The construction of the Intelligent Court is the result of adapting to the needs of judicial practice in China,and responding to the requirements of the modernization of national governance,the development strategy of information and judicial reform to create a modern court that is networked,open and intelligent.Based on the actual construction of China’s courts,the construction of the Intelligent Court is based on the top-level design and planning of the central government,the sequential promotion of local pilot projects,the cooperation of government and enterprises,and the integration of social forces to create an intelligent judicial system with intelligent litigation services,intelligent trials,intelligent enforcement,and intelligent management as the main contents.This can greatly facilitate the participation of parties in litigation,enhance the quality and efficiency of trials,improve the execution of judgments,and fully optimize the internal management of the courts.The construction of the Intelligent Court has taken six years so far,empowering judicial activities with the help of modern emerging technologies,but there are many problems in practice that cannot be ignored.Firstly,the construction of the Intelligent Court lacks comprehensive deployment.Differences in the level of economic development in various regions and fragmentation of decision-making have caused unbalanced regional development;technology research and development is not coordinated with judicial needs;the embarrassing situation of "hot construction and research but cold practical application" has emerged;the shortage of composite talents has led to the lagging development of the Intelligent Court,and it is difficult to meet the demand for talents in practice.Secondly,the use of intelligent technologies is at risk.Algorithm technology is opaque and secretive,prone to algorithm black boxes,which can threaten judicial credibility;the data is of low quality,unable to help build an accurate platform,and prone to algorithm deviation which can result in decision-making errors;massive judicial data is collected online and technology companies are involved in the construction,which contains the risk of data leakage that may threaten the security of judicial information.Thirdly,intelligent technologies impact the traditional judging patterns.Judicial trials with intelligent technologies can to a certain extent affect the judges’ autonomy;digital divide,algorithmic bias and the participation of technology companies that are involved in cooperation in litigation can intensify the inequality of litigation status of the parties;and it’s difficult to affix the responsibility for the errors caused by intelligent technologies woking in judicial activities.These problems constrain the construction and development of the Intelligent Court to varying degrees.The informationization construction of courts is a regular process,and the Intelligent Court is an urgent need for the construction of modern courts in the age of intelligence.Enhancing the construction of the Intelligent Court requires improvements in the following three ways: Firstly,the construction of the Intelligent Court should be planned in a scientific way.We should coordinate the construction of the Intelligent Court all over the country,change the concept of technology research and development as well as grow the judicial talent team.Secondly,we need to strengthen the risk control of intelligent technologies,enhance the transparency of algorithms,improve the quality of judicial data and guarantee data security to effectively avoid risk.Thirdly,we should clarify the role of intelligent technologies,define the assisting role of intelligent technologies to ensure the independence of judges,narrow the gap between the litigation status of the parties to protect the fair value of trials and clarify the principle of attribution of responsibility for technical errors between the court and technology companies.According to the above-mentioned methods,we will improve the construction of the Intelligent Court in China,and help modernize China’s trial system and trial capacity with technological empowerment.