Data Application Scene transformation
February 22, 2023 09:36 Source: "China Social Sciences" February 22, 2023 Issue 2595 Author: Han Zhenwen

The development of digital rule of law has prompted the judicial cognitive model to transform accordingly。The judicial cognitive mode here is a cognitive mode of judicial decision -making from a broad sense,Unlike the special concept of litigation law "Judicial Notice"。It mainly refers to the processed processing of the case of the case information and the calculation of the processing and integration of the case information,Therefore, you can use cognitive psychology、Cognitive neuroscience and other knowledge to deeply describe and explain this cognitive thinking decision -making activity。In the scenario of big data,Traditional judicial cognition and litigation certification process,Gradually evolved from a single judge's subject cognition to human -machine hybrid cooperation -style cognitive subject。Brief words,From the judge's independent decision -making model to the smart review auxiliary decision -making mode,Or a single -person brain decision to shift to aggregate smart brain decision,This cognitive decision -making model is relatively certain,It is also increasingly displaying the additional characteristics of predictable (see)。At the same time,Due to the deep integration application of big data technology in the field of judicial decision -making decisions,Judicial cognition is becoming more and more intelligent、Auxiliary effects of automated decision -making,Even at certain standardization、Formatting simple civil and commercial cases,No longer the main cognition of human -machine hybrid,but artificial intelligence justice directly replaced the judge's cognitive tailoring。ChatGPT technology that is emerging worldwide represents the new trend of automated decision bet365 best casino games -making。The cognitive model of this transformation particularly emphasizes the security compliance management of data information and the use of credibility and efficient circulation。

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The strong demand for digital rule of law, including the above judicial cognitive model, in response to concerns,The academic world proposes artificial intelligence law、Cognitive Law、Digital Law、Internet law、Big Data Law、Network Law、Equalization、Information Law、Data Law、Future Law and other new concepts。The data information itself is flowing、Dynamic,The essence of information intelligent revolution is algorithm、System integration application of data and computing power。For judicial cognitive activities,Whether it is human -computer interaction or algorithm automation decision,Most of the processing analysis of data information、mobile sharing、Calculating representation,Therefore, it can be described as a cognitive scientific perspective with "hard science" attributes to describe and explain。Strictly speaking,Cognitive science is not an independent discipline,but an emerging discipline group or "domain" science formed after the deep cross -integration of the subject。It mainly includes six branches,That is cognitive psychology、Cognitive neuroscience、Philosophy、Linguistics、Anthropology and computer science (artificial intelligence)。Cognitive science aims to fully reveal the mental graphic and algorithm black box,Realize "Reading and Observation of Thinking",and solve the problem of consciousness and explain the gap。

Specific to the field of judicial cognitive activities,Facts of Judges、The cognitive process of applicable law is affected by various subjective and objective factors。The influencing factors of the referee thinking in judicial decision -making are intricate and complex,bet365 Play online games Dynamic motivation,Pursue multiple goals,The referee thinking is always operated in the connectionist cognitive network that is motivated and suppressed,Due to its standardization、individuality、Effective constraints such as contextuality and other factors。Analysis tool with cognitive science,helps to grasp the cognitive structure and cognitive law of the referee,Acknowledge the unrelated non -relevant factors in decision -making,to control、Cognitive prejudice in decision -making、deviation,Gradually reaches the referee of the procedure fairness and the physical impartiality。On the perspective of cognitive science, the theoretical interpretation of the transition of judicial cognitive models used by big data,Mainly exploring judicial decision -making judges cognitive processes and cognitive calculations of artificial intelligence simulated human brain、Evidence reason,What subtle psychological changes happened to the audience of this judicial cognitive activity,Further,This transformation of the judicial cognitive model accompanied by algorithm power to infiltrate the legitimate procedures by automated decision -making,It may produce a variety of public safety risks,How to effectively identify it through re -reshaping (algorithm) technical procedures、Prevention and control and resolution。

  Judges must not rely too much on intelligent predictions

Current,Cognitive decisions in the construction of digital courts in the whole region show more predictable qualities,That is to pay more attention to the judge's control of the prediction of the judgment results of the case,And with the prediction push made by the artificial intelligence auxiliary system of the judicial artificial intelligence, it is becoming more and more efficient and accurate,The deeper the judge's dependence on it。Of course,The Foreign Court has already begun to use artificial bet365 live casino games intelligence products to achieve predictions of the results after the opposite case.、Risk assessment of litigation、Auxiliary access to expert testimony。The question is,This emphasizes the negotiation or cooperative judicial procedure (concept) that emphasizes the judges' prediction of the case in advance (concept),There are still many legislativeism、The huge question in the explanation theory,while seeing smart predictions more precise,The role of its role should be treated with caution and the dilemma that is difficult to resolve the core needs of judicial practice,instead of excessive exaggeration or even deity in academics,Preventing algorithm (calculation) Thinking without intervention in judicial cognitive decision -making,Learn alienation or abuse of algorithm technical power。

Too high expectations or blind dependence,Professor Zuo Weimin proposed a deep warning,At present, due to the fact that it is not combined with special judicial needs,The funds and talent resources invested are far from enough,It makes it difficult for most judicial artificial bet365 live casino games intelligence products to play a role,Blind expectations for artificial intelligence in the judicial artificial intelligence should be reduced in the future,Turn the R & D Center from the general field to the special field of judicial,Transition to the input mode of artificial intelligence in the judge,Vigorously cultivate the specialization of both understanding the law and technology、Compound talents。The judge performed the facts、Cognitive decisions applicable to law must be rational,Obief related legal procedure constraints,and intelligent automation prediction existence algorithm black box、partial error、Discrimination and other questions,It is difficult to be constrained by rational legal procedures。More importantly,Intelligent prediction push for judges is not "standard answers" but only the probability Bet365 lotto review prediction of correlation,It can only be used as auxiliary reference suggestions,It is impossible to fully interpret the legal significance in the matching of facts and specifications。December 2022,The "Opinions on Regulating and Strengthening the Application of Artificial Intelligence Judicial Applications" issued by the Supreme People's Court shall make clear stipulation,Artificial Intelligence Assistable results can only be used as a reference for trial work or trial supervision and management,Ensure that the judicial referee is always made by judges; and it is required that its application must not violate public order and customs,Improve risk management and control、Emergency disposal and responsibility investigation mechanism,Prevent and resolve ethical and moral risks that may produce in its applications。

  Cultivate the public's trust in artificial intelligence justice

The transformation of the judicial cognitive model in the use of big data can also involve the public's psychological changes,It will inevitably impact the public's cognitive experience of judicial decision -making activities。Turn in turn,The changes in this subjective attitude will also affect the public daily behavior mode and law -abiding consciousness。Where,A more universal psychological change is to arouse the public's extensive concerns and distrust of intelligent justice,Especially from digital disadvantaged groups, the subjective perception of this is scarce、The right to independent will is "depressed deprivation".。From this,This is not acceptable、The mentality of disbelief will cause intelligent judicial applications to face a legitimate crisis,Make it unable to play in practice。In particular, it is necessary to cultivate the public’s trust in artificial intelligence justice,It should be ensured that it is difficult、Complex cases are always made by judicial referees,Pay attention to the role of inclusiveness of intelligent Bet365 app download justice,Tentile its tentacles to the door of the masses at the grassroots level,Enhance the public's experience of perception of justice、Get sense。

  Power alienation risk of anti -automated decision -making

Judicial cognitive model transformation in the scenario of big data use,Can't ignore the problem that the technical risk contained in the transformation is getting worse.,Therefore, it is urgent to carry out effective regulation from the program mechanism。From the deep level,The essence of this technical risk is the risk of alienation of algorithm automation decision,It erosion and dispel the participation of traditional procedure justice、openness、Negotiation、Autonomous and other internal value,Degrated person's personality ethical dignity。How to design a new programming mechanism for this,to prevent and control the technical risk faced by traditional procedures and justice,It looks particularly necessary。Where,Construction of digital algorithm program justice on the basis of "people -oriented" intelligent ethics view,can be used as an important regulatory path and relief method。For this,Professor Guo Chunzhen pointed out,Use the requirements of the legitimate program to intervene in the algorithm,Corresponding rule of law structure of the procedure of the algorithm,Program justice of implementing algorithms through value injection and institutional arrangement。One aspect,Pay attention to the coordinated governance of multiple subjects guided by risk prevention,Coordinated and connected compliance censorship supervision of data elements relying on algorithms,Investigation、Supervision、Procuratorate、Courts and other organs conduct transparent and frank risk communication,Ensure the security and legal of the source of procedural justice。On the other hand,Improve the interpretability of the algorithm、accountability、Bet365 app download Trusting,Makes the inherent value of the procedure of the algorithm and the inherent value of the traditional procedure justice.。

  (This article is the key project of "Digital+" Discipline Construction of Zhejiang University of Technology and Commerce University, "Digital Age 'Cognitive Law Innovation Research" (SZJ2022B019) phased results)

(Author Unit: School of Law School of Zhejiang University of Technology)

Editor in charge: Chen Jing
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