Research On The Limits Of The Judicial Application Of Artificial Intelligence

AI technology has obvious advantages in improving judicial efficiency,but it also brings some problems.At present,whether in the theoretical community or the practical field,there is no consensus view on the definition of the limits of the judicial application of artificial intelligence.In the process of artificial intelligence technology intervening in the judiciary,there are several hidden concerns about judicial alienation,including the risk of technological dominance such as technology-led judicial personnel in adjudication,the encroachment of technical power on judicial power,and the risk of alienation of judicial functions,such as the impact on the independent exercise of judges’ judicial power and the weakening of the rationality of judicial adjudication.On the whole,the contradiction between the "good and fake things" and judicial alienation in the judicial application of artificial intelligence shows that there is a deviation between the application of artificial intelligence and its role positioning.The root of the problem lies in the failure to effectively understand the nature of technology and the limits of its application,negatively affected by the concept of technological neutrality,and the failure to form a comprehensive understanding of technological power,which may lead to an encroachment on its subsidiary status.Therefore,to determine the judicial application of AI,on the one hand,based on the instrumentalist positioning,by determining the limited intervention of AI in judicial formal rationality and substantive rationality,it provides guidance for defining the scope and boundary of judicial application of AI;On the other hand,according to the principle of human hosting and auxiliary with judges as the core and the principle of people-oriented to ensure the realization of human value,the possible limits of artificial intelligence in practical applications,including judicial scenarios,applications,and use restrictions,are specifically considered,so as to standardize its application possibilities and use limits,and realize a rational return to its auxiliary status.