司法人工智能应用定位的审视与重塑

초록

China's judicial artificial intelligence has been widely used in evidence review, fact determination, and sentencing assistance, and has achieved considerable results. However, due to the shortcomings and risks of decision-making logic, artificial intelligence is limited to the assistant of judges. Although the position of the assistant of judicial artificial intelligence is relatively reasonable at present, this positioning is based on the biased understanding of the essence of human nature adjudication, the theory of technical limitations, and the logical determinism of adjudication, and at the same time, it cannot effectively achieve the practical application purpose of reducing the burden of judges' litigation, standardizing sentencing, and preventing illegal adjudication. In contrast, human-machine collaborative positioning constructs a hierarchical and dynamic application pattern, emphasizing that the relationship between judges and artificial intelligence is a division of labor, rather than a main and auxiliary relationship, which is more suitable to interpret and guide the application and development of judicial artificial intelligence. Based on moderate technical predictions, human-machine collaborative positioning is embodied in AI conviction and sentencing and judge's verbal trial in simple cases, AI sentencing norms and guidelines and judges' discretion in ordinary cases, and judges' command and AI substantive supervision in the trial process. Human-machine co-positioning promotes the development of traditional litigation principles, reflects the view of matching technology and people in technological controlism, and conforms to the understanding of experience in pragmatist philosophy, so it has a solid foundation of legitimacy. Under the guidance of human-machine collaborative positioning, the future criminal justice system will show the evolution of the judicial pattern with the increasing weight of artificial intelligence decision-making and the continuous improvement of judges' ability to make difficult judgments, and usher in the update of the rights protection system and trial responsibility mechanism.

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