论智慧法院的建设:价值取向与制度设计

On the Construction of Intelligent Court: Value Orientation and System Design

建设智慧法院的过程实质上是将互联网、云计算、大数据、人工智能等现代科技引入司法的过程,是科技与司法融合的过程。这个过程也得讲究分寸,科技如果与司法活动若即若离甚至被束之高阁,科技的作用根本就无法发挥,司法活动也不可能在原有基础上进一步提高效率、降低成本、方便当事人诉讼。科技如果过度介入司法甚至凌驾于司法之上,司法活动的内在规律将遭到破坏,对科技的过度依赖,将使得法官沦为大数据、人工智能的奴隶,法院成为贩卖裁判结果的机器。我国智慧法院的建设应在充分尊重司法规律的前提下,尽可能多的将现代科技运用到法院内部管理以及立案、送达、庭审、执行等外部诉讼环节,对于一些类型化案件,科技还可以全流程、全方位的为诉讼服务,充当司法辅助和工具作用,最终促进审判体系和审判能力现代化。

The process of building intelligent courts is essentially the process of introducing modern technologies such as Internet, cloud computing, big data and artificial intelligence into the judiciary, the process of integrating science and technology with the judiciary, and the important embodiment of realizing the justice in the perspective of fine social governance. This process also needs to pay attention to discretion. If science and technology are separated from judicial activities or even put on the shelf, the role of science and technology can not be played at all. Judicial activities can not further improve efficiency, reduce costs and facilitate the original basis. If science and technology intervene in justice excessively or even override justice, the inherent law of judicial activities will be destroyed, and the excessive dependence on science and technology will make judges become slaves of big data and artificial intelligence. and the courts will become the machines of selling judgment results. On the premise of fully respecting the judicial law, the construction of intelligent courts in China should apply modern science and technology to the internal management of courts and external litigation links such as filing, service, trial and execution as much as possible. For some types of cases, science and technology can also serve litigation in a whole process and in an all . round way, make full use of judicial assistance and instrumental role, and ultimately promote the judicial system and modernization.