On Intelligent Determination Of The Facts In Civil Litigation Cases

With the rapid development of artificial intelligence technology and the continuous promotion of the construction of "smart courts",courts in various regions of China have successively developed their own intelligent auxiliary systems.Artificial intelligence intervention in the field of civil judicial practice has also become very common.However,even so,the current application of artificial intelligence technology in the field of civil judicial trials does not match the speed of its development,and its application is insufficient,It is far from achieving the effect of courts using artificial intelligence to "increase personnel" in disguised form.Faced with the contradiction of "more cases,fewer people" and the problem of "similar cases,not similar judgments",artificial intelligence technology should not be limited to assisting judges in handling simple,repetitive,and mechanical transactional work,but should explore areas where artificial intelligence can play a greater role in the field of civil judicial trials.The core work in the field of civil trial is the determination of case facts and the application of law.Compared to the application of law,artificial intelligence is more suitable for the application of case fact determination.Currently,there are still the following obstacles that need to be studied and resolved when we apply artificial intelligence to determine the facts of civil litigation cases: insufficient judicial data,difficulty in grasping the proof standards of civil cases by artificial intelligence,algorithmic black boxes in determining the facts of cases by artificial intelligence,violations of the principle of judicial experience in the intelligent determination of case facts,and a shortage of legal artificial intelligence talents.After studying and analyzing the aforementioned difficulties,the author proposes the implementation path for intelligent determination of facts in civil litigation cases: improving the judicial database and AI’s grasp of proof standards in multiple ways,enhancing the acceptability of AI’s algorithm black box for determining case facts,safeguarding measures for AI’s determination of case facts,and strengthening the training of legal artificial intelligence talents.The application of artificial intelligence to assist judges in determining the facts of civil litigation cases is a general trend.It is necessary to study and explore the implementation path,and take measures to make legal persons and the public accept the results of the cases determined by artificial intelligence,in order to effectively promote the use and accuracy of artificial intelligence in the determination of the facts of civil litigation cases,truly reducing the burden on judges,effectively alleviating the contradiction of " more cases and fewer people" as well as the problem of " similar cases without similar judgments ",along with the better construction of "smart courts" and modernization process of China’s judicial system and judicial capacity.