人工智能审判的责任解构与制度应对

Responsibility Deconstruction and System Response of Intelligent Trial

智能审判系统存在出现错误的可能,运用智能系统进行司法裁判与传统自然人法官审判相同,面临审判责任承担问题。人工智能审判系统的研发适用对现行司法责任制的核心影响在于冲击了“审理者裁判、裁判者负责”原则,导致审判权责主体模糊,责任追究机制面临审判人员与技术人员之间责任难以界分、过错归责实现困难等现实障碍。为应对人工智能介入司法裁判后的审判责任问题,应逐步构建面向审判人工智能的司法责任机制,即明确人工智能裁判责任体系中的责任主体;扩充审判责任内涵,确立机器责任概念,明确自然人法官、智能系统和技术人员之间的责任分配。同时,完善相关的辅助配套机制,即建立专门的智能司法系统监督机构、强化人机协同的裁判文书说理机制,以及规范人工智能技术辅助审判下的监督考核机制。

There is a possibility of errors in the intelligent trial system.Using the intelligent system to make judicial decisions is the same as the traditional natural person judges,and is faced with the problem of trial responsibility.The core impact of the development and application of AI trial system on the current judicial responsibility system is that it impacts the principle of“adjudicators adjudicating and adjudicators being responsible”,which leads to the ambiguity of the subject of trial power and responsibility,and the accountability mechanism facing practical obstacles such as difficulty in distinguishing responsibilities between adjudicators and technical personnel,and difficulty in realizing fault determination.In order to cope with the problem of trial responsibility after AI intervenes in justice adjudication,we should gradually construct a judicial responsibility mechanism oriented to AI trial,that is,to clarify the responsibility subject in the AI judgment responsibility system,and to expand the connotation of trial responsibility,establish the concept of machine responsibility and clarify the responsibility distribution among natural person judges,intelligent systems and technical personnel.At the same time,we should improve the relevant auxiliary mechanisms,that is,to establish a special supervision mechanism of the intelligent judicial system,to strengthen the reasoning mechanism of judgment documents with human-computer cooperation,and to standardize the supervision and assessment mechanism under the AI technology-assisted trial.