The Function and Limitation of Judicial Artificial Intelligence from the Perspective of Case Justice
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The Function and Limitation of Judicial Artificial Intelligence from the Perspective of Case Justice
JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition)Vol. 29, Issue 4, Pages: 54-61(2019)
作者机构:
江苏师范大学 法学院,江苏 徐州 221116
作者简介:
基金信息:
DOI:
CLC:D926
Published:15 July 2019,
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Zhai SHEN. The Function and Limitation of Judicial Artificial Intelligence from the Perspective of Case Justice. [J]. JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition) 29(4):54-61(2019)
DOI:
Zhai SHEN. The Function and Limitation of Judicial Artificial Intelligence from the Perspective of Case Justice. [J]. JOURNAL OF UNIVERSITY OF JINAN (Social Science Edition) 29(4):54-61(2019)DOI:
The Function and Limitation of Judicial Artificial Intelligence from the Perspective of Case Justice
The key to obtaining case justice lies in value judgment
and value judgment relates to the subject's emotion and experience
thus becoming a common field of intuition and prejudice. On the one hand
big data analysis technology provides sufficient information and "data experience" for judges depending on analysis of the correlation between massive data on the Internet
so that judges can have a more objective and accurate understanding of the case
thus helping to reduce the influence of intuition and prejudice on value judgment; On the other hand
the judicial aid systems provide a test and reflection tool for judges' decision-making
making the judge's self-decision arguments an argument for the other
which also helps to exclude the judge's intuition and prejudice. However
due to the contextualized bottleneck of representation
the lack of authenticity and integrity of the data and the black box of the algorithm
artificial intelligence has also been limited in its ability to obtain the above-mentioned functions of case justice.