智慧司法的中国创新

China-style Innovation of Intelligent Justice

智慧司法是人类法律文明跃迁的当代探索.新时代中国已经出现了由智慧法院、智慧检务等承载的司法大变局,各种主要创新得到了重要政策文件及重大科研专项的支持,并特别致力于推动现有法律制度的根本性改进.如此由国家力量主导的现实样态,构成一种"中国创新".透过现象看本质,其理论逻辑在于我国是以智慧司法创新为法治中国建设强力赋能,实践进路在于我国倡导将司法体制改革与智慧司法创新密切耦合.展望未来,我国应当在坚持特色的基础上强化优化创新方略,包括转轨立法推动范式、夯实国家整体布局与健全"双轮驱动"机制,以加速该创新走向成熟.

Intelligent justice is the contemporary exploration of the legal civilization of human society.In the new era of China,there has been a great change in the field of justice,which is characterized by the smart court,smart prosecution,and so on.All major innovations have been supported by important policy documents and major scientific research projects,and have devoted to promote the improvement of the flawed part of the existing legal system.Such a realistic modality,which is presented distinctive features dominated by state power,forming a kind of“China-style innovation.”Looking at the essence through the phenomenon,the theoretical logic lies in the fact that China is building a strong empowerment for the rule of law in China by the innovation of intelligent justice.And the practice approach lies in China’s advocacy of closely coupling the judicial system reform with the innovation of intelligent justice.Looking into the future,China should strengthen and optimize its innovation strategy on the basis of adhering to its characteristics,including promoting the paradigm of transition legislation,consolidating the overall layout of the country and improving the two-wheel drive mechanism,so as to accelerate the maturity of the“China-style innovation”.