2020-03-09 11:24:05作者:admin来源:未知

  "24 hours is not closing," the AI trial, far away from us? AI judge how far away from us [law] sharp eyes of the world Currently, the artificial intelligence of a new round of upsurge sweeping the globe, traffic travel, healthcare, retail electricity providers, finance and investment, education, pension and other industries have been greatly impact.At the same time, the field of artificial intelligence for Justice also had a significant impact on the trial of artificial intelligence, robotics judges have become a hot topic.For example, in June 2020, Beijing Internet Court declared that "the countrys first virtual AI judge" on the line, helping to create "24 hours is not closing," the court.While we marvel at the rapid development of artificial intelligence, can not help but ask, what AI judge how far away from us?Since the evolution of "artificial intelligence" word generated from a legal expert system to assist justice system since the 1950s, the development of artificial intelligence gone through the judicial process to retrieve simple information from legal expert system and then to assist justice system.2059, Professor John Hoti University of Pittsburgh offered to develop a computer program to retrieve the legal system, then the system successfully developed and marketed.In the 1970s, the application of expert system focuses on artificial intelligence shift.Legal expert systems become parties competing to develop objects, it has appeared taxman aspects of the company tax system, assist judges in civil reasoning JUDITH system, auxiliary legal experts to solve the problem of product liability and LDS SAL system for compensation for infringement of MIT inference system, adapted for commercial low-secret law system, analysis contract for the sale of armor.Gardner systems.Since then, the cold wave struck the first artificial intelligence, expert systems heat law soon fade.In the 21st century, a new round of artificial intelligence algorithms and data-driven boom coming, justice AI again for renewal.For example, the Beijing Municipal Higher Peoples Court launched a "Core judge" intelligent system judged to provide investigators specification and analysis for the sentencing judge; the Shanghai Higher Peoples Court developed "intelligent assist investigators in criminal cases System", the expertise, and mass model algorithm data combine to provide full support for the trial of the case.The application of artificial intelligence from the current judicial point of view, showing a "wide range, the whole process, high positioning" feature.First, the judiciary is widely used in artificial intelligence of various types of civil and commercial litigation, criminal, administrative and other types.For example, the Shanghai Higher Peoples Court "assist investigators in criminal cases intelligent system" used in criminal cases at first, then gradually to civil and commercial, administrative cases expand, both common road traffic accident personal injury compensation cases disputes, credit card disputes, there are also financial leasing cases of contract disputes, information network Transmission right disputes reflect local characteristics.Second, the artificial intelligence to fully participate in judicial filing, divisional, court, referee and other activities throughout the judicial process.In the filing stage, judicial artificial intelligence can provide online filing, online streaming, online payment, e-service applications; in a divisional stage, judicial artificial intelligence can be more reasonable, random, precise distribution of cases; may the trial stage, judicial Artificial Intelligence play its data collection, verification of evidence, legal research, organize analysis, technical aspects of the advantages of a comprehensive induction to help judge a more just and efficient hearing cases and writing instruments referee.Third, judicial artificial intelligence was given a high task orientation.A new generation of artificial intelligence justice from the outset to be referred to an unprecedented height, given the same status as judicial reform era significance.As the Supreme Court emphasized, "judicial reform and information technology is the vehicle of peoples justice career development of two wings of a bird.".Motivation to solve the case of less people, not like the case of category sentence, judicial corruption in the judiciary is a highly specialized activity, judges are often considered to be one of the hardest substituted career.However, the reality is that judicial artificial intelligence increasingly involved in judicial activities, the reasons behind this is that there is high degree of fit of the operation mechanism and operation mechanism of judicial activity of artificial intelligence.With words, judicial activities largely belong to the process of rational judgment, the judge needs to logical reasoning based on rules and facts come to judge the results.And just artificial intelligence to simulate the process of human thought, like humans with perception, reasoning, judgment, learning, communication and decision-making ability, thus artificial intelligence and the judge has a certain commonality in logical reasoning ability level.Justice AI also has many practical value.First, judicial artificial intelligence can significantly increase judicial efficiency, alleviate the "case less than" the status quo.For example, a smart divisional system allows divisional time case reduced to 5 seconds from the traditional 10 minutes, and the recognition accuracy of 98% or more; intelligent voice recognition system in real time the trial site converting speech to text, so that the trial period It can be shortened by 30%?50%.Secondly, judicial justice artificial intelligence will help achieve "Classes sentence case," the normalization.Currently, due to the uneven professional competence of the judiciary, the applicable standard of proof does not unified, inconsistent legal understanding of other reasons, often a "class not the case sentenced class" phenomenon.Justice AI has "mathematical logic" and character "technical reason", through "class case push" "departure warning" to minimize subjective bias on the judiciary and possible failures and other technical means, better to do. " class class sentence case ".Finally, judicial artificial intelligence to help prevent judicial corruption and improve the credibility of justice.Judicial corruption seriously affect the credibility of the judiciary, for the prevention of corruption in the judiciary only in the hands of the judiciary personal qualities are not enough.Extensive use of judicial artificial intelligence can reduce the space judiciary abuse of power, Forced judicial impartiality referee, so as to effectively prevent judicial corruption.Prospects adhere to assist the trial positioning, and actively embrace judicial justice Artificial intelligence has many advantages, but there are many problems at this stage.First, the extent of judicial artificial intelligence needs to be improved.Although many courts have launched a so-called robot judges, but many have a voice but is fluent legal advice system function, degree of intelligence compared to the administration of justice need not go far enough.For example, the current field of artificial intelligence mature voice recognition technology, for the judicial activities of law made by French adaptation is not strong there is a problem.Second, the black box algorithmic problems of artificial intelligence and judicial discrimination concern.Black box algorithms and discrimination is a common problem in the application of artificial intelligence, artificial intelligence is no exception justice.Finally, responsibility for judicial artificial intelligence is unclear.With the judicial artificial intelligence activities have become more deeply involved in the judicial status of the judiciary it will inevitably be weakened, filing requirements review finds evidence of effectiveness, and so is automatically generated by the judicial legal instrument parts of artificial intelligence independently completed.Against this background, if the case to an error, it should be investigated Whose responsibility is not no doubt.General Secretary stressed the need to follow the laws of justice, the judicial system reform and the application of modern science and technology combine to continuously improve and develop the socialist legal system with Chinese characteristics.Justice is inseparable from modern science and technology, we should actively embrace justice Artificial Intelligence.First, adhere to locate judicial assistance AI trial.On the one hand, the judicial activities are not simple logical reasoning, judges decide cases need to consider the value of a variety of factors, these are the judicial artificial intelligence "technical rationality" can not cope; on the other hand, represents the exercise of the judicial activities of the national judicial authority, justice artificial intelligence replace the judge, means that a programmer in the exercise of judicial power, which is contrary to the modern rule of law.In addition, the positioning aid of artificial intelligence judicial trial, but also help judge accepted the initiative and apply new technologies.Second, promote justice artificial intelligence technology innovation.Artificial intelligence in the development of the judicial system, it is necessary to pay attention to personnel involved in technology, but also extensively absorb participation in the judiciary, the real depth of integration of artificial intelligence and justice.Once again, strengthen judicial supervision of artificial intelligence.Artificial intelligence required for judicial training data which should be the pursuit of justice, in order to avoid "bias into the prejudice out" situation.At the same time, to strengthen the audit algorithms to assist Magistrates algorithm must be open, the entire decision-making process but also the way the public can understand visually presented, in order to disperse the black box algorithms and algorithms discrimination fog.Finally, a reasonable definition of judicial responsibility of artificial intelligence.Since the positioning of artificial intelligence is to assist the judicial system, then the case to natural flaws should be responsible for the judiciary, and not be able to blame the judiciary Artificial Intelligence.German sociologist Max Weber believed that the ideal of justice model is like a "vending machine", "is cast into the complaint and court costs, spits out the reasons for the decision and copied down from the Code".I believe that adhere to justice AI positioning aid trial, so the judge by means of artificial intelligence, more effectively achieve accurate factual findings, legal reasoning rigorous, fair and reasonable judgment ruling, which should be the future direction of development of artificial intelligence trial.

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