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The Function and Limitation of Judicial Artificial Intelligence from the Perspective of Case Justice

发布者:SHEN Zhai [发表时间]:2019-07-15 [来源]:济南大学学报(社会科学版)编辑部 [浏览次数]:

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.


【原文链接】沈 寨:《个案正义视角下司法人工智能的功能与限度》发表于《济南大学学报》(社会科学版)2019年第4期