Research On The Reshaping Effect And Risk Regulation Of Judicial Intelligence

Judicial intelligence is a new wave of judicial practice of intelligent technology empowerment after the launch of the construction project of smart courts in China.The deep integration and collision of intelligent technology and judicial work have brought leverage and challenge to Chinese judicial reform.This paper takes the intellectualization of the judicial work of the court as the research object,examines the judicial changes at the figurative and abstract levels under the background of technology empowerment,and excavates the risk and countermeasures of judicial intelligence,in order to maintain the inherent unity of technology and justice and provide reference for the stable development of judicial intelligence.This paper first summarizes the practice of online litigation,intelligent management and intelligent judgment in judicial intelligence from the concrete level,and accordingly summarizes the value of judicial intelligence.In terms of online litigation,China has formed a whole process online service supply model,which is not only widely used in practice,but also gradually follow up the construction of the rule of law.In terms of intelligent management,judicial case management system can not only provide help for case management,but also provide macro guidance for the development process of rule of law in China;intelligent judicial personnel management can dynamically supervise and accurately evaluate the quality and efficiency of handling cases.In terms of intelligent judgment,artificial intelligence assists judges’ judgment through case pushing,discretion prediction and deviation warning,and strengthens judges’ rationality,judicial experience and judicial efficiency.These practical conditions are of great significance for promoting judicial affinity,reducing the cost of approaching justice,strengthening judicial supervision and improving the quality and efficiency of trials.Subsequently,based on the practice of judicial intelligence,from the abstract level,judicial intelligence has the following reshaping effect.One is the change of judicial trial field: online litigation reconstructs the virtual trial space outside the traditional court,de-theaterizes the judicial trial field,changes the trial habits,and moderates the conflict of litigation roles.Second,judicial intelligence has an impact on the role of judges:with the assistance of the intelligent judgment system,the judges tend to be diversified;under the joint action of intelligent management,intelligent judgment and online litigation,judicial activities are publicly transparent and even excessively exposed,resulting in accurate scars and strict observation of any trial behavior of judges.Third,judicial intelligence has transformed the legal method of trial: the intelligent judgment system adopts the opposite thinking path to the judge,with the assistance of which induction and analogy are more convenient than reasoning,and also makes legal reasoning more distinguishable.However,while intelligent technology changes the form of judicial operation,it also brings the risk of legitimacy of online litigation,the risk of weakening the dominant position of judges and the risk of credibility of intelligent judgment.First of all,online litigation depreciates the principle of procedural justice and the prestige of trial,and there is a question of legitimacy.Secondly,intelligent judgment assists judges to fall into the role crisis of reducing initiative and dissolving judicial responsibility.The over-precision and transparent control of judges by intelligent management and online litigation aggravates the administrative shackles of judges and leads to the weakening of the dominant position of judges.In addition,the intelligent judgment system also hides a trust crisis with weak data base,algorithm bias and difficulty in effective supervision.The risk of judicial intellectualization warns us that while we look forward to the good vision of technical intellectual means to help justice,we should also be careful not to fall into the swamp of technical alienation justice,and we must actively prevent risks.For online litigation,an online procedural law should be formulated to guarantee its legitimacy through the integration of principles and rules.First of all,we should improve the principle framework: the traditional procedural justice principle of tension inclusive online litigation particularity;by absorbing the theory of digital justice,the principle of proportionality of online litigation is clarified from the perspective of utilitarianism.Secondly,it is necessary to optimize the supporting rules of online litigation: to ensure the substantive and normative of online litigation by means of fixed trial elements,formatted online document submission system,clear technical standards of online litigation,and giving judges care obligations and parties relief rights.In view of the risk of weakening the dominant position of judges,it is necessary to limit the scope of intelligent judgment assistance,moderately disconnect judicial trials,and return judicial initiative to judges;clarify the subject of judicial responsibility,clear the judicial responsibility of judges;the scientific management positioning and standards should be constructed to break the administrative bondage brought about by too strict intelligent management through the “mutual monitoring” mechanism.The credibility construction of intelligent judgment needs to improve the construction of judicial database to ensure the comprehensiveness,authenticity and effectiveness of data.By setting the algorithm review and interpretation,imputation relief mechanism and other means to make up for the inherent defects of algorithm bias and algorithm black box.