With the advent of the intelligent era,the integration of intelligence and law is an opportunity for the legal field,and the complexity of legal work can be alleviated through intelligence.Especially in the judicial field,experts intend to integrate algorithm and judicial trial.Algorithm is the core technology of artificial intelligence,which is undoubtedly a reform of judicial trial.Moreover,the advantages brought by algorithmic judgment are obvious.The relative objectivity,neutrality,efficiency and other values of algorithmic judgment can further promote judicial justice.At present,we have found the disadvantages of algorithmic judgment,the essence of algorithmic judgment is inseparable from the algorithm itself,the algorithm itself has black box problems,which makes the algorithm judgment exposed to algorithmic discrimination,algorithmic dictatorship and other risks,which requires us to find a reasonable solution to avoid the technical defects of the algorithm itself.Algorithmic judgment is divided into instrumental algorithm judgment and alternative algorithm judgment.At present,instrumental algorithm judgment is the most studied,and the value positioning of instrumental algorithm judgment has been debated in the academic circle.Based on the current research status of artificial intelligence in the field of law,we not only need to reposition the value of algorithmic judgment,but also need to solve the dilemma of algorithmic judgment in reality.The main research subject of this paper is based on the relevant theoretical research on the application of algorithmic judgment in judicial judgment under the background of artificial intelligence,and on the basis of the analysis of the status quo of the application of artificial intelligence algorithm in the legal field,from the perspective of jurisprudence,to determine the value and positioning of algorithmic judgment in judicial judgment.In the current situation of the artificial intelligence algorithm embedded in the judicial referee of our country exist after carries on the analysis of risk and problem,through the analysis of the algorithm to judge regulation measures of Europe and the United States,will be suitable for our country judicial measures was borrowed,then algorithm to judge the reality facing trouble,find out the corresponding solution,further strengthen algorithm is the referee in the value of wisdom on the court building,Modernization of adjudication. |