人工智能辅助裁判系统的性质与进路

The nature and approach of Artificial Intelligence Aided Judging System

司法信息化建设迈进了新的阶段,人工智能辅助裁判系统已然成为司法改革中智慧法院建设的象征。人工智能辅助裁判系统在大幅度提升司法效率的同时,对司法裁判势必有一定影响。依据法律现实主义的思想,人工智能对于法官裁判更多的是工具性的价值,无法遮蔽法官裁判时受前见的影响。法官在使用人工智能辅助裁判系统的过程中,应保持反思性的思考,审视并评价影响裁判的诸多要素,以化解人工智能对法官前见可能造成的影响。

The construction of judicial informatization has entered a new stage. Artificial Intelligence Aided Judgment System has become a symbol of the construction of Intelligence Court in the Judicial Reform. It will not only improve the judicial efficiency, but also have a certain impact on the judicial adjudication. According to the view of legal realism, Artificial Intelligence is of more instrumental value for the judge’s judgment, which cannot cover the influence of prejudices. In the process of using Artificial Intelligence as a means of assistance, the judge should keep reflective thinking, examine and evaluate the numerous factors that would affect the judgment, so as to eliminate possible negative impact of Artificial Intelligence on his or her prejudice.