Top Ten Core issues introduced into justice in modern technology
October 16, 2019 09:44 Source: "China Social Sciences" Journal of Social Sciences October 16, 2019, Total No. 1794 Author: Hu Ming Wang Lingzheng

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The rapid development of modern technology is profoundly changing the reality of the judiciary,It also gives people unprecedented imagination。Internet、Big data and artificial intelligence and other emerging technologies such as emerging technologies flourish,Judicial is also ushered in a big change that has not encountered for a century。Human judicial civilization after thousands of years of complex evolution,A set of relatively stable and conservative judicial system centered on trial and court has formed。The development of modern technology is breaking this whole set of judicial system that we know,At the same time, we also challenge the foundation of our usual concept。Internet trial、Online asynchronous trial、Intelligent auxiliary referees, etc., and lively judicial practice that is taking place in China,While providing vivid samples for us to study judicially,It also puts forward a new but profound challenge to our judicial theory。Is our judicial theoretical research really ready? Do we have appropriate concepts and intellectual resources to respond or accept these challenges?,And in Hangzhou Internet Court、Alibaba Group Research,Invite famous universities from home and abroad、French inspection and practice Bet365 lotto review department and Internet technology company and other first -line experts and scholars,Jointly discuss the key theoretical issues of modern technology introduced judicially。Repeated deepening condensation,Summarize the following three top ten core issues。

  First,The "conservative principles" and related boundaries of national judicial power operation system introduced modern technology and technology。"Justice is the heavy weapon of the country",Judicial is to resolve disputes、Realizing justice Final、The most thorough way,In the modern rule of law society, the most basic rights that affect citizens' most basic rights to seize power are all in justice,So,First of all, we must clarify the most basic principles of modern technology to introduce justice to the principle of "conservative",It means that the introduction of new technologies must have extremely sufficient and powerful reasons,and theoretically determine its boundary。

  2,Modern technology eliminates the basic ideas and solutions of the contradiction between "national nature" and "localization" of judicial power。Modern technology represented by artificial intelligence assisted judicial decisions,The important reason for introducing justice is that the new technology can resolve the "national" and "localization" contradictions of the judicial design。Judgment power is the power of the country,Similar cases shall get basic similar treatment nationwide。But the "localization" problem of the court in my country is prominent,The institutional cause of the lack of judicial injustice and credibility。

  third,Technology introduction leads to many internal value (efficiency、Public、Order、Accurate、The structure of the structure of fairness and human rights)。There are important reasons to promote the application of new technologies in justice,People also need to consider whether the changes in sorting and weight in the judicial justice are worthy of pursuing。For example,Whether it can be accurate for the consideration of the efficiency of the dispute resolution、Human rights and human rights have been reduced? if it is possible,Where is this limit?

The second major problem is more specific and close to judicial practice,Considering the normative restrictions and constraints in the application of new technology,It also involves solutions for new technologies or practical sides。

  Fourth,The reasonable use of borders and regulations for public judicial big data。The judicial ideal of the rule of law is the result of "law" rather than "judge" determines the case。But in the scenario of big data,Models of the premise of realists in more than half a century (the tendency and attitude of the referee determines the results of the case) seems to be closer to reality,The consequences of leaving the judicial big data will seriously challenge the ideals of the rule of law,It is necessary to clarify its border and give appropriate regulations。

  Fifth,Reconstruction and computable implementation method of legal reasoning model。The legal reasoning of human decision makers is in the way of human vague decision -making and expands in natural language,At the technical level,How to build a computable model that is convenient for machine processing is also an important challenge to achieve automated decision -making or intelligent trial。

  Sixth,The transparency and explanatory of the core algorithm of the intelligent auxiliary judicial trial system。The challenges related to the above are that human reasoning is often explained and transparent,Not only "know it",Also "Know the reason"。But the algorithm of the intelligent trial system is difficult to do this。Development of the late artificial intelligence technology also moves forward in the direction of explanatory algorithms,and the use of artificial intelligence in the judiciary must also take into account these two requirements。

At the basis of legitimacy、In addition to the implementation plan and constraint,The introduction of new technology is still an overall project,You must consider the relevant supporting mechanism,can achieve its original design scene and implementation goals。

 Seventh,Social promotion application and public -private cooperation framework design with intelligent trial assistance technology is the core of the core of the core。Judicial activities or quasi -judicial activities after new technology help,Perhaps it should no longer be regarded as a "scarce" public resource。Justice is the last line of defense for dispute resolution,It means that people will predict the authoritative solution of judicially in order to solve the current dispute,Therefore,It can be imagined that intelligent trial auxiliary technology can be opened to the society,Even in the form of public and private cooperation, provides quasi -judicial services through the market。

  Eighth,Forecast of the case results after the case、The mechanism design of risk assessment and case screening。Intelligent auxiliary trials are relatively effective for simple cases with high duplication rate,Therefore,You need to make preliminary predictions on the results of the case、Risk assessment,Dives on this basis。This is also the solution to the aforementioned efficiency and accuracy、Justice、The necessary means of human rights conflict,both improves efficiency,Maintenance of fairness、Guaranteed human rights。

  Ninth,Design and integration of artificial intelligence technology to strengthen the automation decision -making mechanism of judges (case push、Details on the benchmark、Automated Generation Judgment, etc.)。Many new technologies must be combined with the system and mechanism of the existing trial process management,To truly ensure that the trial organs and referees are in accordance with the law、Independent、Judgment in fairly。It cannot be restricted by people's energy and reduced the quality of trial due to unreasonable mechanism design。

 Tenth,Institutional obstacles and technical bottlenecks covered by online litigation。The mode of the online lawsuit breaks through many judicial concepts of the original trial (direct words、Cross inquiry, etc.),This requires innovation in the system,Design a set of procedural arrangements suitable for online litigation。At the same time,It also needs to overcome many technical bottlenecks and challenges brought by online lawsuits。

The sage once said: "It is more important to ask a problem than solving a problem。"Facing the Internet、Big Data、The use of modern technology such as artificial intelligence in justice,Need to condense key new problems in many problems,This requires creative imagination,This marks the continuous progress of scientific research in related fields。Judicial activities are the operation of the national core public power,The most basic rights involved in the subject of judicial activity,Therefore, you must be cautious。Looking at it globally,The developed countries in rule of law often hold a very prudent attitude when introducing emerging technologies into the core areas of justice。It can be said,We have full reasons to think deeply at the standardized level,to deeply grasp the value of the value theory of this change。 Above,The top ten core issues of the top ten levels are raised,It's just a new starting point for research。We look forward to working together in the academic and practical colleagues,In the glory of the rule of law and rationality, insert "the wings of technology" for justice。

  (The author is a professor at Guanghua Law School of Zhejiang University; Associate Professor of Guanghua Law School of Zhejiang University)

Editor in charge: Wang Ning
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