Research On The Application Of Artificial Intelligence In Judicial Trial

In 2021,thanks to the support of the "New Generation Artificial Intelligence Development Plan",the development of artificial intelligence rule of law in China has a solid political foundation and scientific thought guidance,and artificial intelligence rule of law pays more attention to the "good intelligence and good governance" system,in this context,artificial intelligence to assist judges’ trial activities has gradually become a new trial mode.In order to improve the degree of judicial intelligence,judicial institutions across the country have established their own artificial intelligence case handling systems,and vigorously developing artificial intelligence has become a major strategy of our country.Combining artificial intelligence technology with judicial practice can promote the construction of judicial civilization and promote judicial progress,and in case judgments,with the help of artificial intelligence technology,it can also improve the efficiency of cases and relieve the work pressure of judges.However,it is undeniable that the process of combining artificial intelligence with judicial trial brings two challenges: First,artificial intelligence judicial trial impacts the judicial system,affects the independence of trial power,interferes with judges’ discretion,may induce the risk of judicial responsibility attribution,and has an impact on judicial credibility.Second,AI judicial trials also undermine judicial justice.Under the application of artificial intelligence technology,courts can build intelligent systems through big data analysis and machine learning technology,and predict case outcomes by analyzing case information and relevant laws and regulations heldby the court,however,due to the uncertainty and opacity of algorithms,the openness and fairness of the judiciary may be harmed;In addition,artificial intelligence technology may also lead to loopholes in the security of judicial big data,and data may be hacked or illegally accessed,which can easily lead to the leakage of personal information of litigation participants.Therefore,we must take effective measuresto address these issues and ensure that AI plays an active role in judicial adjudication.Based on this,the application of artificial intelligence judicial adjudication should achieve the following four points,first,in terms of the limit of power,it shouldensure the independent exercise of judicial power,establish a trial system with people as the main support,and reasonably dock the discretion of judges.It is necessary to give play to the auxiliary role of artificial intelligence systems,but also attachimportance to judges’ legal reasoning and value judgment on cases,strengthen judges’ obligation to demonstrate and interpret judgment results,and grasp the applicationlimits of artificial intelligence technology;Second,in terms of the limit of responsibility,it is necessary to strengthen the status of judges as the main body of responsibility,adhere to the principle of judges’ exclusive adjudication power,and continuously improve the judicial responsibility system.At the same time,it denies the status of the responsible subject of artificial intelligence,although the artificial intelligence system can perform deep learning and predict the outcome of the case,it is still in the stage of weak artificial intelligence,and the way to bear legal responsibility is limited,so the responsible subject status of the artificial intelligence system cannot be determined in law;Third,it is necessary to establish an algorithm disclosure and protection system,and while strengthening the disclosure obligation of algorithm designers,it is also necessary to strengthen the legislation of arithmetic laws and regulations;Disclosure of algorithms is a measure to deal with the black box phenomenon of algorithms that may harm judicial openness,and it is necessary to make a good trade-off between trade secrets and judicial disclosure,set up special institutions to supervise,and improve the legislative norms of each application link;Fourth,strengthen the legal regulation of judicial big data,improve the attribution of responsibility for judicial big data processing,establish comprehensive collection rules,"data scrubbing rules",false data elimination rules,and judicial data inclusion rules,while improving personal information protection systems,establishing private data protection mechanisms,and improving judicial big data anti-crawling rules.In short,artificial intelligence technology in the judicial field can not completely replace human beings,in the face of the opportunities and challenges brought to us by scientific and technological progress,we should take a rational attitude to maximize the superiority of artificial intelligence technology,break through the dilemma of existing technology,and make judicial modernization achieve comprehensive development.