智慧法治的概念证成及形态定位

Concept Evidence and Form Orientation of Intelligent Rule of Law

"智慧法治"有狭义和广义之分,狭义定义是"充分运用互联网与人工智能技术的法治类型",广义定义是"运用现代科技和发挥人类思维智慧以实现法律正义的法治。"智慧法治就是运用人类智慧解决法治理论和实践问题的一种高级的法治形态,其特征是:法治运行的智能性、正义实现的必然性、问题解决的准确性、证据确定的快速性、信息处理的丰富性、逻辑思维的健全性、价值判断的正确性、判决结论的质优性。法治及其运行与现代信息科学技术的交融互动,使得智慧法治进一步展现出特定的具体形态,诸如立法形态、执法形态、司法形态和法律服务形态等等,这些法治运行环节的形态共同组成了智慧法治的逻辑框架。智慧法治使我国的立法、执法、司法和法律服务等法治具体形态更加具有科学性和智能性,也提高了我国法治治理和服务的质效性。

There are two definitions of "rule of wisdom" in a narrow sense and a broad sense. The narrow definition is "the type of rule of law that makes full use of Internet and AI technology", and the broad definition is "the rule of law that uses modern science and technology and develops human thinking wisdom to achieve legal justice". Intelligent rule of law is an advanced form of rule of law that uses human wisdom to solve the theoretical and practical problems of rule of law. Its characteristics are: the intelligence of rule of law operation, the inevitability of justice realization, the accuracy of problem solving, the rapidity of evidence determination, the large amount of information processing, the soundness of logical thinking, the correctness of value judgment and the quality of judgment conclusion. The integration and interaction of rule of law and its operation with artificial intelligence make the rule of law of wisdom further show specific forms-Legislative form, law enforcement form, judicial form and legal service form, etc. are all specific forms of the rule of intelligence. These forms of the operation of the rule of law constitute the macro-pattern of the rule of intelligence.