Practical application and prospect of judicial AI

2023-02-23

In July 2016, the General Office of the CPC Central Committee and the General Office of the State Council issued the Outline of the National Informatization Development Strategy, proposing to include the construction of "smart courts" in the national informatization development strategy. In April 2017, the Supreme People's Court issued the Opinions on Accelerating the Construction of Smart Courts, which put forward "the overall requirements for promoting the modernization of the judicial system and judicial capacity through informatization". It is worth affirming that China's court system is not uniform in the construction of smart courts, but is invested and developed by the Supreme People's Court and local courts at all levels, showing a pattern of "a hundred flowers bloom and a hundred schools of thought contend". For example, the "Shanghai Intelligent Auxiliary Criminal Case Handling System" developed by the Shanghai Higher People's Court aims to unify the application of the evidence standards of the three organs of public security, procuratorate and law, and the "Rui Judge" system of the Beijing Higher People's Court has the intelligent sentencing auxiliary function. Taking civil trial as an example, AI currently covers the whole process of civil trial, playing an important role in prosecution and acceptance, court trial, service, execution, etc., greatly improving the efficiency of civil trial, and saving judicial resources and litigation costs of parties. In the process of prosecution and acceptance, for example, the Hainan court system has developed intelligent convenience measures such as "online self-help filing" and "cross-domain filing". "Online self-help filing" means that the parties can use the WeChat applet "Mobile WeChat Court" to submit the petition, evidence, identity certificate and other applications online without going to the court in person. The parties or lawyers can enter the "24-hour self-service court" of Hainan Second Foreign-related Civil and Commercial Court by swiping their ID cards. The cross-domain filing can be achieved by self-service operation on smart devices. After the system passes the review, the case will be pushed to the court with jurisdiction. In recent years, the epidemic has not only changed the social and lifestyle of human beings, but also virtually promoted the reform of court trial mode. Many courts have launched online trials in succession. The parties do not need to go to the court to participate in the trial in person. They can download the computer client, mobile software or log in to the WeChat applet anytime and anywhere, and can participate in the trial under the command of the judge. The "smart execution system" launched by Wuxi Intermediate People's Court of Jiangsu Province is based on big data and cloud computing, which solves the problems of difficult to find the executor and difficult to check the property of the person to be executed. In addition, the hearing speech recognition system and intelligent trial system introduced by many courts have the functions of "case like push", automatic push of association law, automatic generation of judgment documents, deviation warning, and the generation and transfer of electronic files along with the case, all of which reflect the increasingly prominent role of AI in court work. From the foregoing, we can see that AI technology is currently used in court work, mainly for auxiliary trial function, that is, "weak judicial AI". Because people's trust in the judiciary is based on a set of legal provisions, litigation procedures, the parties' participation in the whole process of the case trial, and the openness and transparency of the judiciary, and judges judge the case through a court session. According to their professional ability and trial experience, they analyze and judge the facts of the case, legal application, social background, social effects and other factors of the case. These are difficult for AI to do at present. However, with the increasingly mature AI technology

Edit:Ying Ying    Responsible editor:Zhou Shu

Source:rmfyb.chinacourt.org

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