AI法律、法律AI及“第三道路”

Artificial Intelligence Law, Artificial Intelligentization of Law and “the Third Way”

近年来,我国关于法律与人工智能的研究成果颇丰,并呈现出两种研究进路。AI法律进路旨在把AI纳入法律规制框架之内,而法律AI进路则力图把法律转化为智能系统,这就决定了二者不同的方向与立场、领域与路径,也带来了不同的问题与前景。深入分析表明,我们需要从浪漫理想回归现实主义,开辟汇合二者、扬长避短的"第三道路",增强法学与技术的对话合作,促进法律与人工智能的双向融合,从而有效推进法律与人工智能领域的深入研究。

There are so many research fruits about law and AI these years and they present two research approaches. Approach of artificial intelligence law aims at bringing AI into legal regulation structure, while artificial intelligentization approach of law intents to transfer law into intelligent system. They have different directions and standpoints, and bring different problems and futures. Deeper analysis shows we need return realism from romantic ideal and open up a third way to join these two approaches and make good use of their advantages and bypass their disadvantages. In the third way, we strengthen the conversation and cooperation between law and technology, and improve two-way fusion of law and AI, so as to effectively advance deep research of law and AI field.