A Summary of the Research on the Judicial Application of Artificial Intelligence
- 1 Beijing Normal University Law School, Beijing, China
Abstract
The use of artificial intelligence technology in the field of judicial trials is becoming more widespread. Intelligent software includes functional modules, such as guidance, prompting, and deviation warning, which can assist trials judges in sentencing, case push, and automatic document generation throughout the litigation process, thereby helping to save litigation costs and improve trial efficiency. However, in the application process, intelligent auxiliary software has displayed essential, prerequisite, procedural, and result defects and thus poses ethical risks and challenges. Therefore, we should clarify such technology’s auxiliary trial status, determine the scope of specific applications, and formulate ethical norms for judicial artificial intelligence. Additionally, differential trials and post hoc monitoring should be used to standardize the application of such technology.
- Chen, J. H. (2018). The Legal Challenges of Artificial Intelligence: Where Is the Start. Journal of Comparative Law, No. 5, 136-148.
- Guo, F. M. (2017). Correct Judgment of the Judicial Position of “Smart Court”. https://www.chinacourt.org/article/detail/2017/08/id/2953971.shtml
- Ge, X. (2018). The Reality and Prospects of the Application of Artificial Intelligence in Judicial Practice—Based on the Intelligent Aided Case Management System of Shanghai Court Administrative Cases. ECUPL Journal, No. 5, 67-76.
- He, F. (2017). How Far Are We from “Judge Alpha”? Fangyuan Magazine, No. 5, 58-61.
- Ji, W. D. (2018). Changes in Judicial Power in the Age of Artificial Intelligence. Oriental Law, No. 1, 125-133.
- Qian, D. J. (2018). The Chinese Process of Judicial Artificial Intelligence: Functional Replacement and Structural Strengthening. Law Review, No. 5, 138-152.
- Shen, Y. F. (2017). When the Law Meets Artificial Intelligence. Fangyuan Magazine, 14, 22-27.
- Tu, Y. Q., & Yu, H. (2018). Interventional Evolution of Artificial Intelligence in Judicial Trials. Journal of Southwest University of Political Science and Law, No. 3, 48-55.
- “Trial Research” Editorial Board (2006). Trial Research 2005 (13th Series). Beijing: Law Press.
- Wu, X. Y. (2017). The Possibility and Limits of Modeling Judicial Decision-Making in Artificial Intelligence. Zhejiang Social Sciences, No. 4, 51-57.
- Zheng, G. (2017). Artificial Intelligence and the Future of Law. Exploration and Free Views, No. 3, 78-84.
- Zhao, G. F. (2017). From the Perspective of Practice, the Paper Discusses the Problems and Countermeasures in the Construction of Smart Court. https://www.chinacourt.org/article/detail/2017/11/id/3085397.shtml
- Zhang, B. S. (2001). Jurisprudential Thinking of Artificial Intelligence Legal System. Law Review, No. 5, 11-21.
- Zhang, B. S. (2018). Artificial Intelligence Legal System: Two Difficulties and One Paradox. Journal of Shanghai Normal University (Philosophy and Social Sciences Edition), No. 6, 25-41.
- Zhang, N., Yang, S. Q., & Pu, Y. F. (2014). A Review of Advances in Artificial Intelligence and Legal Studies Abroad. Legal Method, No. 2, 458-480.
- Zhang, N. (2014). An Analysis of China’s Judicial Discretion Model—A Case Study of Medical Spiritual Damage Compensation. Legal Method, No. 1, 280-298.