“Modern information technology represented by big data, the Internet, cloud computing, and artificial intelligence is coming to us. It has changed, is changing, or will change all aspects of human society, and has brought great changes to human society. The profound changes are far beyond human imagination. In the context of comprehensive rule of law, with the deepening of judicial system reform, information cloud technology is constantly affecting judicial practice, and the deep integration of justice and technology is in line with the trend. The inevitable result of social development trends is also our inevitable choice in the future." Chen Weidong, a professor at the Law School of Renmin University of China, pointed out that the deepening of the comprehensive reform of the judicial system proposed in the report of the 19th National Congress of the Communist Party of China itself includes the integration of justice and technology.
On February 2, 65438, it was organized by the Law School of Guangdong University of Foreign Studies, the Regional Integrated Rule of Law Research Center of Guangdong University of Foreign Studies, the Litigation System and Judicial Reform Research Center of Renmin University of China, and Tencent Network Security and Crime Research The "Smart Justice and Judicial Reform" seminar co-sponsored by the base was held in Guangzhou. More than 40 experts and scholars from the practical community, universities, and scientific research institutes attended the seminar and conducted in-depth discussions around the two keywords of "smart justice" and "judicial reform."
1. What benefits do ordinary people get from smart justice?
"Hey!" Ms. Chen, who was doing morning exercises, heard the text message prompt and opened it. Ms. Chen smiled when the court sent a notice that the money for the execution of the case had arrived; Lawyer Zhou, who was on a business trip, received video interviews through the smart procuratorate and had timely and sufficient communication with the parties...
In Life , smart justice is becoming more and more popular among litigants, and the litigation process that used to be laborious has become faster and more comfortable.
“The breadth and depth of the application of big data and informatization in the judicial field can change the traditional judicial model and become the main driving force for reform.” Director of Tencent’s “Internet +” Innovation Research Center and Tencent Security Management Department Deputy General Manager Tang said that since this year, Tencent has made certain progress in exploring the application of big data and new technologies in the judicial field, such as the country's first criminal witness in cooperation with the Guangzhou Yuexiu District Court. WeChat's appearance in court has made a powerful attempt to promote the reform of the trial system; together with the Jiangsu Provincial High Court, the country's first micro court provides a full range of judicial services, allowing people to do less legwork and judges to be less involved.
The "Smart Court on a Backpack" proactively adapts to the case handling requirements of the Internet era. The picture shows 2065438 + On June 26, 2007, the Sixth People's Court of Yunyang County Court, Chongqing used the "mobile digital court" to hear a rural support dispute case in Xinli Village, Longjiao Town. Bright Picture/Visual China
Liang Weifa, President of the Guangdong Provincial Law Society, believes that smart justice will help improve the fairness of the judiciary, greatly reduce the space for subjectivism and biased judiciary, thereby making justice more accessible public understanding and trust.
Guangdong is the vanguard of reform and opening up and one of the pilot provinces for the reform of the judicial system in the country. It shoulders the important task of exploring the path for the reform of the judicial system. Chen Simin, deputy secretary of the Political and Legal Affairs Committee of the Guangzhou Municipal Party Committee, said that in recent years, the Guangzhou Intermediate Court has developed and launched an intelligent trial system, a referee system, and a judicial big data visual analysis system. The Guangzhou Municipal Procuratorate established an online procuratorate many years ago to facilitate clients and lawyers to conduct online inquiries, remote video interviews, case inquiries, and review appointments. , has shortened the distance between the procuratorial organs and the masses, improved work efficiency, and promoted judicial justice.
“Smart justice provides great power and effective guarantee for judicial convenience. Normalization, efficiency, integrity and convenience embody the wisdom of justice. For example, the implementation of online processing of public security service measures makes law enforcement The supervision and accountability system has been comprehensively updated and optimized, allowing this system to play a more effective restrictive and leading role," Liang Weifa pointed out.
But he also pointed out that in order to properly handle the relationship between the use of smart judicial platforms and the subjective initiative of judicial personnel, it is necessary to encourage judicial departments to give full play to the role of smart judicial platforms, improve the fairness and efficiency of judicial platforms, and abandon Purely mechanical thinking. Artificial intelligence and big data are only tools and means in smart judicial practice, not judicial purposes.
2. Will artificial intelligence replace judges and prosecutors in handling cases?
When "Alpha Dog" repeatedly defeated top human chess players, people's attention to artificial intelligence reached unprecedented heights.
In judicial reform, artificial intelligence is increasingly used in the case handling process. Some people have even suggested that one day, artificial intelligence with high accuracy and unparalleled algorithms will replace judges and prosecutors in handling cases to improve efficiency and ensure fairness.
“Artificial intelligence can never replace prudent judicial judgment. The judicial process is not only the accumulation of rational logic, but also the fusion of human nature and rationality. Real justice is not just a cold judgment derived from rational logic; It is an automatic inventory machine of the law. It should be an organic combination of law, reason, emotion and benefit, so that smart justice can truly play the role of judicial convenience and achieve the unity of judicial fairness and judicial efficiency." Liang Weifa emphasized.
Fang Wei, director of the Rule of Law Construction Office of the Central Political and Legal Affairs Commission, also believes that justice is the result of the integration of rationality and law. Machines can never replace people in hearing cases, accepting and judging evidence. "In smart justice, the positioning of people is the core. Because the autonomous learning of machines involves biology and simulation technology, similar to human neurons. The development of simulation technology is based on scientific and efficient algorithms, and the core is the people behind it."< /p>
"'Alpha Dog' shows people the infinite possibilities of the development of artificial intelligence, but what is the most fundamental difference between artificial intelligence and judicial activities? This is a question we need to think about. Alpha Dog solves the future, Judicial activities are retrospective cognitive activities, which is its biggest characteristic. "Gu Yongqiang, a professor at China University of Political Science and Law, pointed out that what we want is obviously not just a result. Therefore, what methods, means, and methods should be used to judge the facts of cases in the past few years or even decades are not problems that "Alpha Dog" can solve.
He also emphasized that this traceability process does not allow unscrupulous means, but requires fair and just means to protect the personal rights and related legal rights of criminal suspects and defendants who are directly involved in traceability activities. Together with this series of * * activities, they constitute judicial activities.
3. What is the bottom line of smart justice?
“In the judicial field, machines cannot replace people. Conclusions and judgments can only be made by judicial personnel. Technology companies cannot be allowed to develop indefinitely. Artificial intelligence must be combined with judicial laws to determine which aspects can make breakthroughs and which aspects There can be no breakthrough. If Internet companies want to develop artificial intelligence in the judicial field, they must work closely with professional judicial personnel and ensure the elements, inherent principles and necessary experience of justice, and cannot let technology lead the way of justice." Chen Weidong emphasized.
Bian Jianlin, a professor at China University of Political Science and Law, also pointed out that while enthusiastically embracing the technological revolution, reform departments must clarify the goals of smart justice. The overall goal of judicial reform is judicial fairness, which means that the people can feel fairness and justice in every case. Technology should follow judicial laws and serve rather than lead justice, so as to achieve the ultimate goal of promoting judicial fairness and protecting rights. The legal profession should be based on learning and participation based on the characteristics of the judicial organs themselves, forming a combination of theory, technology, and practice. Through research, practices can maintain clarity when using big data.
Gu Yongqiang believes that embracing technology is the development trend of human society, and no one can stop it. However, how to use science and technology in judicial and political and legal work, and whether it can be used unconditionally, is worth thinking and studying.
Taking judicial experience as an example, he said that an important aspect of experience is how to experience and participate. "We propose substantive reforms to the trial just to solve this problem. If the judge comes to hear the case with a written dossier instead of a trial, can we accept that this is a personal experience and can we consider this process to be fair and just?"
Gu Yongqiang pointed out that what is more important is how to participate in the experience, including value selection and value pursuit. "Face-to-face in court hearings is very important to reflect the legitimacy of the procedure and prevent unjust, false and wrongful convictions. In the future, video technology may be equivalent to face-to-face, but it is obviously not enough at present. In the trial, all participants sat together, which can only The indescribable personal experience is difficult to obtain through information means, so we must think rationally and make choices. For example, informatization has a very broad application space in monitoring, management, service, information transmission, decision-making and other litigation activities, but at the same time. We must also clearly realize that some judicial activities cannot and should not be replaced.”
Yang Jianguang, a professor at Sun Yat-sen University School of Law, also said that smart justice can involve all aspects of justice, but it should not only involve lawyers. Meet the defendant.
If the interview is conducted via remote video, it will involve the issue of being audio-recorded, and the law clearly stipulates this. Therefore, when developing similar technologies, the most basic thing is that the law must not be violated and must be actively and steadily promoted in accordance with the law.
Gao Jingfeng, deputy director of the Reform Office of the Supreme People's Procuratorate, pointed out that the impact of big data on judicial work is very obvious. For example, during the evidence collection process, if the investigators hack into the suspect's personal computer to obtain data, whether it can be used as evidence is worth discussing. "How to formulate new evidence rules is also a new requirement for judicial reform from artificial intelligence, big data, and new technologies. We must learn to keep pace with the times, master science and technology, and truly ensure that artificial intelligence and big data can be used by us and become our tools instead of being restricted by them," Gao Jingfeng said.
Really applied to reality.