| The development of science and technology is the trend of the times.With the vigorous development and application of artificial intelligence,intelligent systems based on artificial intelligence are increasingly being applied to policy and business decision-making,and are rapidly changing the traditional working methods in various fields,including the judicial field."Intelligent judicial adjudication" is one of the typical representatives of the deep application of modern technology in the field of judicial adjudication.From the birth of artificial intelligence to the judicial application of expert systems,to the judicial application of legal artificial intelligence based on big data,intelligent judicial adjudication continues to develop.At present,China has gradually promoted the construction of Internet courts and smart courts.Through the intellectualization of judicial decisions,courts have gradually transformed from paper systems to electronic systems,which not only can assist judges in making judicial decisions,but also can achieve the wide application of electronic systems such as electronic submission of case information,online court hearings,automatic push of similar cases,online collegial proceedings,automatic generation of legal documents,and electronic delivery.How to make judicial adjudication more intelligent in the new era.and how to better integrate modern science and technology with justice,are still issues that people are studying and need to continue to study.Against the background of exploring the construction of smart courts around the world,voices questioning the intellectualization of judicial decisions continue to emerge endlessly;Therefore,it is significant to provide a theoretical basis for the intellectualization of judicial decisions.From the perspective of jurisprudence,combined with the application of judicial intelligence in practice,the theoretical basis and practical value of judicial intelligence mainly include:judicial intelligence is an organic combination of legal formalism and artificial intelligence technology,and is an adaptation to the trend of deep integration of law and technology;It can effectively improve trial efficiency,promote the realization of simultaneous adjudication in similar cases,and help reduce judicial corruption and accumulate judicial experience.In response to the current development of artificial intelligence,which is still in the weak stage of artificial intelligence,it is undeniable that there are still many risks in the intellectualization of judicial decisions,including the weakening of judicial autonomy,the difficulty of post facto accountability,the risk of data leakage,and the risk of algorithmic discrimination.The risk analysis of intelligent judicial adjudication does not mean denying or rejecting the involvement of artificial intelligence in the judicial field,but rather fully recognizing the rationality of its existence and its value in practice,and on this basis,preventing and resolving risks.For this reason,it is first necessary to clarify the main position of judicial personnel and the auxiliary position of artificial intelligence systems.Al is currently not suitable for difficult and complex cases,but should be more suitable for solving mechanical simple affairs and legal application issues,and clarify the system of post facto accountability.Secondly,it is necessary to improve the court’s data collection mechanism and establish relevant rules for the safe use of judicial big data.Finally,by formulating standards for algorithmic justice,we can partially correct algorithmic discrimination,thereby contributing to the transformation of judicial adjudication technology in the context of the intelligent era. |