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Research On Application Limits Of Judicial Artificial Intelligence

Posted on:2024-07-13Degree:MasterType:Thesis
Country:ChinaCandidate:M H TianFull Text:PDF
GTID:2556307184963009Subject:Legal theory
Abstract/Summary:
With the rapid progress of science and technology,artificial intelligence has been widely used in the judicial field and has become an important supporting means.In order to achieve the national strategic goal,judicial organs all over China are vigorously promoting the construction of artificial intelligence case handling system to improve the level of judicial intelligence and provide a strong guarantee for social development and fairness and justice.Judicial artificial intelligence is helpful for judicial investigators to quickly complete some repetitive and mechanical basic work.Compared with human judges,judicial artificial intelligence is more efficient and objective,which is conducive to the realization of the goal of the same case and the same sentence.With the continuous popularization of judicial artificial intelligence,the efficiency of judicial adjudication has been significantly improved,but it also brings many challenges,such as technical obstacles and fairness issues.Compared with developed countries,China’s judicial artificial intelligence technology developed slowly in the early stage,and in recent years,there is a trend that latecomers come to the fore.However,the research on artificial intelligence judicial judgment is relatively backward,and insufficient research on its application limit,so it is impossible to fully grasp the practical problems and causes of judicial judgment in the application of artificial intelligence.The first part of this paper deeply discusses the research status of the combination of justice and artificial intelligence at home and abroad,and explains its background and importance in detail.The second part deeply discusses the concept of artificial intelligence,and explores its influence on the judiciary in the judicial field.Judicial artificial intelligence technology improves judicial efficiency,maintains judicial justice and promotes uniform application of laws,but it also has hidden defects such as technology and data,which will have a certain impact on judicial adjudication activities and ethical concepts.The third part analyzes the limitations of introducing artificial intelligence into judicial adjudication.In terms of technology,there are a lot of low-quality defects in the input data.The algorithm has the shortcomings of complexity and concealment and lacks value judgment,which leads to the low accuracy of class case identification at the output end.With the development of the rule of law,people’s legal concept is increasing day by day,and their pursuit of fairness.Although artificial intelligence technology can effectively promote judicial justice,in dealing with complex cases,due to its complexity,it is impossible to accurately judge its justice only by modeling and calculation.Because the value of justice is universal,there is no unified standard reference.The key to achieving fairness and justice lies in the objective evaluation of facts,not just relying on probability analysis.We can’t exhaust the samples of "justice",so we can’t achieve accurate algorithm justice.In addition,judicial artificial intelligence has a dilemma of judicial characteristics.The legal and ethical impact brought by technology may change the power distribution between judicature and technology and transform a new judicial structure.Justice cannot be isolated from politics,and judicial neutrality is the characteristic of modern rule of law.However,judicial investigators can take advantage of the loopholes in judicial artificial intelligence technology and rules to integrate and absorb political factors in a seemingly legal form,and then "hide" them in the judicial process.However,these factors cannot be included in the modeling calculation.Over-strengthening the instrumental value of technology makes judicial organs materialized,which will undermine the sanctity and authority of justice.Judicial artificial intelligence technology is extremely concealed and professional,and they can arbitrarily interfere with judicial decisions behind the technical authority,thus changing the judicial results.Therefore,in order to avoid the excessive use of artificial intelligence technology,we must strictly control the scope of technical intervention in judicial power.Only in this way can the development of artificial intelligence technology be prevented from exceeding the scope of judicial provisions,and the application of judicial artificial intelligence technology can guarantee the fundamental interests of justice.At present,due to the low viscosity of the basic data of judicial artificial intelligence and the lack of reliability of the basic data of artificial intelligence,all kinds of intelligent application systems rely on independent databases,and the real data sharing has not yet been realized,which leads to the restriction of judicial justice by data.In order to better support the scientific decision-making of judicial adjudication,we must collect,sort out,analyze,share and construct a perfect judicial database,so as to reflect the objective facts more accurately and actively influence the scientific decision-making of artificial intelligence of judicial adjudication.The last part of the article discusses the application limit of introducing artificial intelligence into judicial judgment.Highlight the judge’s dominant position,limit the judge’s use of artificial intelligence in judicial adjudication.It must respect the efficacy of judicial value and allow judicial logic to take precedence over algorithmic logic.After in-depth exploration,we can more clearly understand the importance of artificial intelligence,and accurately understand the values and preferences of stakeholders,and clarify the ruling authority of artificial intelligence technology.Improve data quality and algorithm technology,improve relevant legal systems,and cultivate interdisciplinary talents in the fields of artificial intelligence and justice.By formulating and perfecting the system guarantee system and improving the ethical norms,we can promote the development of judicial artificial intelligence,making it an important part of judicial practice,thus effectively improving judicial efficiency and better meeting the needs of society for judicial justice.Strengthen the auxiliary position of judicial artificial intelligence application,hand over simple cases and mechanized basic work to judicial artificial intelligence,hand over complicated cases to judges,promote the healthy development of judicial artificial intelligence,and build a harmonious man-machine coexistence mechanism.
Keywords/Search Tags:Judicial Artificial Intelligence, Intelligent Court, Technology Philosophy, Application Limit
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