人工智能时代下被追诉人权利风险的识别及防范

Identification and Prevention of the Rights Risk of the Accused under the Background of Judicial Artificial Intelligence

人工智能在司法领域的广泛应用,使被追诉人的权利保障面临风险和机遇并存的局面。人工智能对被追诉人造成的权利风险主要来源于两类:一类是由人工智能的自身局限造成的,包括大数据侦查模式侵犯被追诉人个人信息权、算法运作的封闭性侵害被追诉人知情权等;另一类则是由人工智能引发公权力扩张引起的,包括智能辅助办案系统削弱被追诉人质证权、控辩双方信息不对等影响被追诉人辩护权等。这一系列被追诉人权利风险的背后,隐含着智能技术和司法原理的冲突,表现为人工智能对直接言词原则和审判中心主义的冲击和削弱。基于此,对被追诉人诉讼权利的保障将围绕填补传统权利和更新数字权利这两部分而展开,进而完善和严密被追诉人诉讼权利保障的屏障。

With the wide application of artificial intelligence in the judicial field, the protection of the rights of the accused faces both risks and opportunities. The rights risks caused by AI to the accused mainly come from two categories: one is caused by the limitations of AI, including the infringement of the accused’s personal information right by the big data investigation mode, and the infringement of the accused’s right to know by the closed operation of the algorithm;The other is caused by the expansion of public power caused by artificial intelligence, including the intelligent assisted case handling system to weaken the right of the accused to crossexamine, the information of the accused and the defense is not equal to affect the accused to defend. This series of risks on the rights of the accused implies the conflict between intelligent technology and judicial principle,which is manifested as the impact and weakening of artificial intelligence on the principle of direct words and the trial centrism. Based on this, the protection of the litigation rights of the accused will focus on filling the traditional rights and updating the digital rights, so as to improve and tighten the protection of the litigation rights of the accused.