The Practical Unfolding Of Intelligent Justice In The Perspective Of Criminal Litigation And Its Optimization

In response to the need to deepen judicial reform and improve the judicial governance system and capacity,the Party Central Committee,the State Council,the Supreme People’s Court,and others have proposed to strengthen the integration of judicial activities and artificial intelligence technology,improve the level of court informatization,and meet the growing judicial needs of the people.In practice,courts around the country have successively built and put into use intelligent judicial applications of a certain scale,and have achieved certain results.It can be said that the judicial field has now entered the information era.Criminal litigation directly affects the rights of the parties,such as freedom,property,and even life.The construction of court informatization is naturally also unfolding in the field of criminal litigation,and the application of criminal intelligent justice has emerged as the times require,starting to be applied in various stages of criminal litigation.This article consists of five chapters.The first chapter serves as an introduction to this article,mainly introducing the background of the topic,briefly explaining the significance of the topic,and summarizing the main research results,current research status,and main research methods of this topic at home and abroad.This article conducts research and analysis on the overall situation of intelligent justice construction in the field of criminal litigation through empirical research,comparative research,and case study methods,pointing out the shortcomings and making targeted recommendations on this basis.The second chapter mainly elaborates the theoretical basis and construction motivation of intelligent justice construction.Firstly,it points out the connotation of intelligent justice in a general sense,and interprets justice in a broad and narrow sense,limiting the scope of this article;Secondly,it defines the goals of smart justice construction,including improving judicial efficiency,promoting judicial fairness,and strengthening judicial supervision.On this basis,it clarifies the relationship between smart justice construction,judicial reform,and the construction of global digital courts;Finally,the motivation for the construction of intelligent justice is elaborated from two perspectives: the top-level decision-making system and external market behavior.This chapter fully affirms the positive effects that the construction of intelligent justice will bring to the judicial field.The third chapter mainly introduces the specific practice patterns of intelligent justice construction in the field of criminal litigation.This chapter introduces the intelligent justice practice in the field of criminal litigation in both foreign and domestic countries,and on this basis,summarizes the differences between the intelligent justice practice in the field of criminal litigation in China and foreign countries in terms of national strategic level,application field,and target value.Through a comparison of domestic and foreign practices,it is hoped that it can be beneficial to relevant practices in China.Chapter 4 summarizes the risks and difficulties faced by the construction of smart justice in the field of criminal litigation in China at the legal and practical levels.The legal level mainly includes: the weakening of the presumption of innocence not only weakens the mutual restriction among the public,procuratorial and judicial organs,but also may lead to the aggravation of the imbalance between prosecution and defense;Exacerbating the conflict between algorithmic power and judicial centralism,resulting in the dissolution of algorithmic power over judicial power;The application of smart judicial technology in the field of evidence review is currently facing the alienation of unified evidence standards;The application of intelligent judicial technology has led to unclear responsibility bearers in case trials and judgments,and elevated judicial responsibility systems.The practical difficulties mainly include: the development of smart justice construction is easily constrained by localism,leading to various regions acting independently;The lack of sufficient highquality criminal justice data will lead to the construction of smart justice falling into a "rootless tree" situation;The implicit discrimination and inexplicability contained in algorithms will pose hidden dangers to criminal justice;The application of smart judicial technology may infringe on personal information rights,etc.Chapter 5 proposes optimization paths for the construction of intelligent justice in the field of criminal litigation based on the above legal principles and practical risks.Firstly,it is pointed out that the construction of intelligent justice in the field of criminal litigation should comply with the principles of procedural rule of law,legality,and limitation.Secondly,on the theoretical level,it is necessary to adhere to the instrumentalist line of intelligent justice and always clarify the positioning of intelligent judicial technology as an auxiliary tool in the field of criminal proceedings;It is necessary to establish a mechanism for information isolation and disclosure,disclose relevant data and information to the parties concerned,and propose to transform the marking right into a data right;Establish a data based unified evidence standard system,guide evidence review with data based and unified evidence standards,and standardize case handling;Improve the accountability mechanism and make it clear that judges should bear the judicial responsibility for errors in the trial and adjudication of cases caused by the application of intelligent judicial technology.Finally,at the practical level,the Supreme People’s Court should make overall planning and deployment to strengthen the interconnection of intelligent judicial applications in the field of criminal litigation in various regions;Strengthen database construction to provide more high-quality criminal justice data for smart justice construction;Establish a mechanism for access,review,and evaluation of intelligent judicial applications in criminal litigation,and conduct review and evaluation of algorithm logic,output results,etc.at both the pre and during stages;Grant the defendant the right to choose procedures and the right to dissent,in order to protect the legitimate rights of the defendant;Strengthen the protection of personal information,protect the personal privacy of the parties,and propose the establishment of a right to forget system.