Now the world has entered the era of Artificial Intelligence, the rapid development of Artificial Intelligence affects all aspects of human life, justice is no exception. Although great achievements have been made in judicial reform in China, there are still many problems in judicial justice, such as openness, efficiency and convenience for the people. Under the new era background of the comprehensive and further deepening of judicial reform and AI development strategy of the Party and the state, AI has such values as preventing unjust and wrong cases, improving judicial efficiency, preventing judicial corruption, ensuring judicial justice, openness and enhancing judicial credibility, which make it necessary and possible to apply AI to judicial reform and practice in China. In the Fourth Five-Year Reform Outline of the People’s Court (2014-2018), Artificial Intelligence and the construction of intelligent courts have not yet been involved. In the Thirteenth Five-Year Plan for National Informatization, the application of Artificial Intelligence in judicial practice is first proposed. The New Generation of Artificial Intelligence Development Plan upgrades the development of Artificial Intelligence into a national strategy, requiring the widespread application of Artificial Intelligence in judicial services and other fields. Since then, the people’s courts, people’s procuratorates and public security organs at all levels have implemented the spirit and requirements of the State concerning the combination of Artificial Intelligence and judicial reform and practice, and comprehensively promoted judicial Artificial Intelligence with the emphasis on the construction of intelligent courts, intelligent procuratorial services and intelligent public security. Artificial Intelligence is a ″double-edged sword″, and its dual nature will also affect the application in judicial practice. The positive influence of AI on our judicial practice is mainly manifested in the construction of intelligent courts, intelligent trials, intelligent procuratorial services, crime prevention and surveillance, criminal case investigation and lawyer practice. Negative effects are mainly manifested in its impact on the legal profession and future employment, the possible disclosure of privacy and data, algorithmic discrimination, discrimination in crime risk assessment, etc. In addition, the current shortcomings of AI technology itself also restrict and affect its application in judicial practice. As for these negative effects brought about by the application of Artificial Intelligence in our judicial practice, we should actively deal with them. We should constantly improve Artificial Intelligence through technical means, regulate it through legal means, and make Artificial Intelligence better serve our judicial reform and practice. In short, the development and wide application of Artificial Intelligence has become an irresistible trend of the times, and the strong advantage of Artificial Intelligence is irreplaceable by any other technology. But Artificial Intelligence can never replace human intelligence. In our country’s judicial reform and practice, giving full play to human’s subjective initiative, supplemented by Artificial Intelligence, will certainly create a just, open, convenient and efficient judicial environment. The advent of intelligent justice is no longer a dream!
高学强. 人工智能时代的中国司法[J]. 浙江大学学报(人文社会科学版), 2019, 5(4): 229-.
Gao Xueqiang. Chinese Justice in the Age of Artificial Intelligence. JOURNAL OF ZHEJIANG UNIVERSITY, 2019, 5(4): 229-.