From the theory of law application, the formation of judicial judgment is the result of combing the rules and judges. The basic framework for the formation of judgement is the judicial syllogism model, but in fact the formation process of the referee has multiple layers of complex structure. The theoretical context of law application opens up the idea of artificial intelligence in formal justice and non-monotonic reasoning in the judiciary. However, data and algorithms based artificial intelligence cannot be considered like a judge regardless of the formation of a small premise, the construction of a major premise, or the conclusion of a judge’s conclusion. Therefore, the significance of artificial intelligence in the formation of judgment is very limited. At present, it can only provide assistance for judges, and in the future, should be cautious when expanding it to judicial intervention.