Since the Middle School in 2016、The National Office of the State Office issued the "Outline of the Strategic Development Strategy",The construction of the "Smart Court" is clearly listed on the beginning of the development strategy of national informationization,my country's judicial information reform has officially entered the stage of great development。The core construction foundation of smart justice is to use big data、New information technology represented by artificial intelligence,To achieve judicial goals that are difficult to complete in traditional rule of law technology and ideas。New intelligent technology is applied to justice,Improved investigation efficiency,Simplified litigation procedures,Save the cost of litigation,has brought many new weather to the legal community; at the same time,The relationship between the essence of the operation of such technologies and the relationship between legal thinking。
First,Data modeling and legal evolution。The core of the application of new intelligent technology,It is to evaluate and predict the development of specific things,to guide the formulation of the next step of decision -making。The theoretical basis for intelligent technology to have prediction functions is,Most of the behaviors of human beings are subject to laws、Model and Principle Law,And intelligent technology relies on huge information data,Starting from known knowledge (characteristics),Using mathematical calculation methods such as probability statistics to find the law of the development of things。But,When the conclusion based on historical data is generated and instructed to make decisions,New decision -making will bet365 best casino games be used as a data basis for historical data to become the next decision.,The type of information formulated by guiding decision -making is gradually similar,Information channels will also tend to be single。This is just contrary to the process of the legal system。The law will not lying eternally in the framework of the legislative preset,With the continuous development of society,Human lifestyle and concepts continue to change,Old legal specifications can be abolished or corrected,and the new legal norms that are more in line with people's behavioral practice are formulated。Due to the evolution of the law, a large number of politics、Economy、Fresh factor in culture, etc.,The forward mode of the continuous absorption of new variables is exactly the left with the "old" direction where the data modeling is continuously discharged。
Second,Data association and legal interpretation。Sherberg and Cookye in the book "Big Data: Life、Great Change of Work and Thinking "clearly pointed out,The operation of big data only focuses on conclusions,No need to clarify the cause and effect,Therefore, the relationship between data is just associated。For this,Australian scholar Janet Chan has played an analogy: for one equation,y is the factor of Z,You can change Z by adjusting Y,That is, when Y is replaced by new factor y ',Z value also becomes the result of Y '; but the application of big data does not need to prove causality,This means,As long as the Z value does not change,Even if the data concentrated by the y factor changes,No way of knowing what happened。So,Want to use intelligent technology to study a social phenomenon,The process of promoting the rule of law,Difficulty,Because the presentation of the data on the result is "single"。The difference is,One of the most prominent characteristics of the law is the diversity of explanation。The interpretation Bet365 app download of the law, although following certain standards and principles,But there is no constant conclusion,An explanation explanation、Limited explanation,The emergence of judges in the case of judge in the case。For example,Social development needs to interpret game equipment as "property",Intelligent technology relies on the old experience to clarify the causal relationship between the two,So the application of this technology will occur after the judicial decision。
third,Data prediction and specifications applicable。American scholar Bernad Harcourt pointed out,Prediction of decisions based on historical data -based correlation,A feedback ring will form,to weaken or destroy the impact of interference factors,And this interference factor is often the key to promoting decision -making improvement。This also means,If there are no foreign fresh factors, it is constantly entering the database,Only rely on intelligent technology self -operation,The final prediction result will be easily stagnant。Due to this computing mode, it is emphasized by general laws,Eliminate unexpected variable factor,In the end or may cause rejection of diversity。But,Diversity is the key to respond to unpredictable environmental conditions,Excessive behavioral consistency will increase the risk of system operation。Therefore,When the data operation is applied to the judicial ruling,It is necessary to be alert to the risk of judicial rigidity or even social development that may be caused by too consistency。Notice,The application of judicial ruling and specifications is by no means to exclude a minority of different things,but starting from the common interests of most social groups,Take into account a minority、Voice of the disadvantaged group,The process of continuous improvement。and intelligent technology is based on the essence of the operation bet365 live casino games of the experience of continuous absorption,It is easy to exclude the "murmur" in the application of law,There is a certain tension between the two。
Fourth,Data decision and judicial ruling。Because all data sets cannot display all data and calculation processes,Therefore, the calculation results are usually presented in charts,However, the process of converting the data result into a chart,But the risk of the loss of key data。and the conversion of data is extremely complicated、Multi -layered,Conversion errors in a certain link,Conversion through multiple links,This error may be enlarged countless times。other,The presentation of the calculation results also needs to experience more complex semantic conversion,also compress the data。Scholar Gregory Chaitin thinks,Data is not compressed to become theoretical or more streamlined narrative,It does not have any meaning。This also means,In smart judicial applications,The more the cases need to be depicted,The longer the data, the longer the data,The more compressed, the more powerful。But,Because intelligent technology cannot prove the causal relationship between data,It will also cause even if you realize the possible distortion risk,It is impossible to find the cause of the error、Reality that has no correction。At the same time,my country's adherence to the principle of disclosure of trial,Public open through the referee、Judge's interpretation method to maximize the right to meet the public's right to know,Make the judicial system running stably in the sun。From this,Intelligent technology may be trapped in a paradox when it is applied to the judicial decision: people need to know the details and processes of the referee to supervise the judicial justice,The more information collected at the same time,Smart trial tools need to simplify Bet365 app download the computing process to make the public understand the reasons for the judgment results。
If you want to properly handle the operation of intelligent technology operation and law in model construction、Legal interpretation、Uncoordinated issues in the four aspects of standardization and judicial ruling,You can create a risk control system,Grasp the compatibility of the two from the whole,The best optimization of intelligent technology assisted judicial decision -making。
First,Add "soft information" to fill the platform when constructing a research model,Rigidity to resist the "follow the old" mode of the intelligent operation。The prediction function of intelligent technology is the height of information based on experience as the experience of experience,The tendency of "following the old" that is easy to fall into the rigidity in the calculation。In specific applications,Need to note: First, strictly distinguish between groups and individuals、Generally applicable to individual decisions,Be alert to the decision -making model that exists in the decision -making model of the general induction of the group; the second is to add a "soft information" to fill the platform during data modeling (Note: Generally applying information about individual or minority circumstances "Soft Information"),Regularly detect the frequency and influence of the emergence of new data factor,and after the frequency and influence of the new factor reaches a certain threshold,Input data formulated by decision -making,Adjust the data model with this,It can prevent the "old type" mode rigid to a certain extent。
Next,Strengthen the "Multi -Plan" Design during sample collection and statistical analysis,To cope with the dislocation of causality and the occurrence of conclusions closed loop。Facing the "non -causal theory" in the face of intelligent technology,and convergence rejection、Remove the new features bet365 Play online games from the old,Research ideas that need to change traditional single -thread,Sample collection and statistical analysis perform phased integration,Strengthen the "Multi -Plan" Design: On the one hand,Scientific adjustment data sampling range,Multi -layered、Multi -angle thinking about the cause and effect combination between the data and the result,The goal is to find out the clear key impact factor; on the other hand,Be alert to the trend of "excessive consistency" in statistical analysis,In the decision -making formulation, the existence of diversity、Moderate flexible and sustainable development of the operation of the target system,Respect the choice of most groups Consider the rights and interests of a minority group,Regularly applied feedback for statistical results in the background of changing social environment,Regulating the research system and sampling range,To achieve the greatest extent inclusive。
Last,Met the "detailed" display in the interpretation of the results,The "dark box" situation appearing in quantitative ruling。Because intelligent technology cannot directly present the operation process,It is easy to fall into a "one -step" ruling mode in specific practices,The key variables relying on the previous ruling to build a ruling model,Enter the corresponding sampling data directly to the conclusion。To avoid the openness of this ruling mode、Lack of legal and common law,It can be on the decision process in accordance with before the trial、In the trial、Module division after trial,further refinement of the module according to the details of the trial,Including public prosecutors、defendant、Attachment of the plaintiff of the civil lawsuit、court opinion,and the basis for prosecution、Defense reasons、Certification certification and referee results,By dividing the overall trial process Bet365 lotto review as a number of modules in a longitudinal or horizontal direction,Create a sub -module for a single module and then extract key variables,You can establish multiple control groups in accordance with the participants or trial links in each module,Details that can show the public inferences to the public to a certain extent,Reasonable and legal for the quantitative and quantitative ruling,Reflecting judicial authority。
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