The just-concluded Fourth World Internet Conference has refocused people's attention on information technology.
"Modern information technology represented by big data, the Internet, cloud computing, artificial intelligence is coming to us, has changed, is changing or is about to change all aspects of human society, bringing profound changes to human society far beyond the human imagination. In the context of the comprehensive rule of law, along with the deepening of the reform of the judicial system, information cloud technology is constantly affecting judicial practice, judicial reform embracing new technology, the deep integration of justice and science and technology is the inevitable result of adapting to the trend of social development, and is also our inevitable choice for the future." Chen Weidong, a professor at the School of Law of Renmin University of China, pointed out that the report of the 19th CPC National Congress proposes to deepen the comprehensive and supporting reform of the judicial system, which itself includes the integration of justice and science and technology.
On December 2, a seminar on "Intelligent Justice and Judicial Reform" was held in Guangzhou, sponsored by the School of Law of Guangdong University of Foreign Studies, the Rule of Law Research Center for Regional Integration of Guangdong University of Foreign Studies, the Research Center for Litigation System and Judicial Reform of Renmin University of China, and the Tencent Research Base on Cybersecurity and Crime***. More than 40 experts and scholars from practice, universities and research institutes participated in the seminar, centering on the "wisdom of justice" "judicial reform" two key words for in-depth discussion.
1. What benefits do the people get from the wisdom of justice?
"Tick!" Ms. Chen, who is exercising in the morning, opened her cell phone after hearing the text message tone, the court sent the implementation of the case money has arrived in the account of the notice, Ms. Chen showed a smile; travel outside the Zhou lawyer through the wisdom of the Procuratorate to achieve a video meeting with the parties in a timely manner, full communication ......
Life, the wisdom of justice More and more popular with the parties, the previous laborious and difficult process of lawsuit has become more and more fast and comfortable.
"The breadth and depth of the use of big data and information technology in the judicial field can change the traditional judicial model and become a major driving force for reform." Tang Jinhuai, director of Tencent's "Internet Plus" Innovation Research Center and deputy general manager of Tencent's Security Management Department, said that Tencent has made some progress in exploring the use of new big data technologies in the judicial field this year, such as the first case of witness WeChat court appearances in a criminal case in cooperation with the Yuexiu District Court in Guangzhou, which has made a strong attempt to promote the reform of the court system; and the cooperation with the Jiangsu Provincial Court has made a strong attempt to promote the reform of the court system. It has made a strong attempt to promote the reform of the court trial system; and the first micro-court in the country built with the Jiangsu Provincial High Court*** provides a full range of judicial services, allowing the public to run fewer errands and the judges to be less tired.
The "smart court on the backpack" actively adapts to the requirements of the Internet era of case handling. The picture shows that on June 26, 2017, the Sixth People's Court of Yunyang County Court of Chongqing Municipality heard a rural alimony dispute through the "mobile digital court" in Xinli Village of Longjiao Town. Bright Photo/Visual China
Liang Weifa, president of the Guangdong Provincial Law Society, believes that smart justice can help improve the fairness of justice and greatly compress the space for subjectivist and biased justice, thus making it easier for justice to gain the people's understanding and trust.
Guangdong is a pioneer in reform and opening up, and one of the pilot provinces in the country's judicial system reform, assuming the important task of exploring the way ahead in the reform of the judicial system. Chen Simin, deputy secretary of the Political and Legal Committee of the Guangzhou Municipal Party Committee, said that in recent years, the Guangzhou Intermediate Court has developed and launched the intelligent trial system, the adjudication system, and the judicial big data visualization and analysis system. Guangzhou Procuratorate system many years ago to establish an online procuratorate, to facilitate the parties and lawyers to the network to ask the inspection, video remote interviews, case inquiries, booking of reading papers, etc., to bring the procuratorate closer to the public, improve efficiency, and promote judicial fairness.
"Intelligent justice for the convenience of the people's justice has provided a great impetus and effective protection. Standardized, efficient, clean and convenient to the people in the wisdom of justice has been centralized. For example, public security service measures a network office, it makes law enforcement supervisability, accountability system system can be fully updated and optimized, so that this system system can be more effective to produce constraints, leading role." Liang Weifa pointed out.
However, he also pointed out that it is necessary to deal with the relationship between the use of intelligent judicial platforms and the exertion of the subjective initiative of judicial personnel, both to encourage the judiciary to give full play to the role of intelligent judicial platforms, to enhance the impartiality and efficiency of the judicial platforms, but also to abandon the purely mechanical thinking, artificial intelligence, big data and so on are only tools and means in the practice of intelligent justice, rather than the purpose of justice.
2. Artificial intelligence will replace the judge prosecutor case?
When "Alpha Dog" repeatedly beat the top human chess players, people's attention to artificial intelligence has reached an unprecedented height. In the judicial reform, artificial intelligence is also increasingly used in the process of handling cases, and some people have even suggested that one day, with a high degree of accuracy and incomparable algorithms of artificial intelligence, will replace the judges and prosecutors to handle cases, in order to improve efficiency and ensure justice.
"Artificial intelligence can never replace the judiciary prudent judgment, the judicial process is not only the rational logic of the pile, there is also the fusion of human nature and reasoning, the real justice is not only the rational logic deduced from the cold piece of paper judgment, is not simply act as the law of the automatic inventory machine, and should be the organic combination of the law, reason, emotion, and benefit, so that the wisdom of justice to be more truly play the role of justice for the people, and realize the unity of judicial justice and judicial efficiency." Liang Weifa emphasized.
Fang Wei, director of the Rule of Law Construction Office of the Central Political and Legislative Commission, agreed that justice is the result of the intermingling of emotion and reason and law, and that a machine can never replace a person to hear a case and make admissions and judgments of evidence. "In intelligent justice, the positioning of people is the core. Because the machine's independent learning, involving biology, simulation technology, similar to human neurons. The development of simulation technology is based on scientific and efficient algorithms, and the core is still the people behind it."
"'Alpha Dog' shows people the infinite possibilities of the development of artificial intelligence, but what is the most fundamental difference between artificial intelligence and judicial activities, which is a question we need to think about. 'Alpha Dog' solves something in the future, while judicial activity is retrospective cognitive activity, which is its biggest feature." Gu Yongzhong, a professor at the China University of Political Science and Law, pointed out that it is clear that what we want is not just a result. Therefore, through what way, what way, what means to judge the facts of cases in the past few years or even decades, this is not a problem that can be solved by "Alpha Dog".
He also emphasized that this retrospective process does not allow unscrupulous means, but precisely the need for fair and proper means to protect the retrospective activities directly involved in the personal rights of suspects and defendants, as well as related legal rights. And this series of activities *** with the composition of the judicial activity.
3. Where is the bottom line of intelligent justice?
"In the field of justice, the machine can not replace the person, the conclusion and judgment can only be made by the judicial personnel, can not be left to the technology companies to develop unlimited down, to let the artificial intelligence combined with the laws of justice, to determine which aspects can be broken, which aspects can not be broken. Development of artificial intelligence in the field of justice, Internet companies must work closely with professional judicial personnel, must ensure that the elements of justice should be, the inherent principles, the necessary proximity, can not let the technology lead the nose of justice." Chen Weidong emphasized.
Bian Jianlin, a professor at the China University of Political Science and Law, also pointed out that the judicial reform, while enthusiastically embracing the scientific and technological revolution, must make clear the goal of intelligent justice. The overall goal of judicial reform is judicial justice, which is to let the people feel fairness and justice in every case. Science and technology should follow the laws of justice and serve rather than lead justice, in order to achieve the ultimate goal of promoting judicial justice and safeguarding and protecting rights. The legal profession should be more involved in the study based on the characteristics of justice itself, forming a combination of theory, science and technology, and practice, and through research to allow practical departments to use big data while maintaining a clear understanding.
Gu Yongzhong believes that embracing science and technology is a trend in the development of human society that no one can stop. However, it is worth thinking and studying how to use technology in judicial and political work, and whether to use it selectively and unconditionally.
He cited the hands-on nature of justice as an example, saying that an important aspect of hands-on nature is how to be hands-on and how to participate. "We are proposing the reform of trial substantiation to solve this problem. If a trial judge comes to hear a case with a documented dossier and does not hold a hearing, can we accept that as a form of pro se, and can we consider such a process to be fair and just?"
Gu Yongzhong pointed out that proximity is more important in terms of what way to participate, encompassing value choices and value pursuits. "To reflect procedural due process and prevent wrongful convictions, face-to-face in trial activities is crucial. Video technology may realize the equivalent of face-to-face in the future, but obviously not yet at the present time. Trial all litigation participants sit together, this can only feel can not be said in person is difficult to get through information technology. Therefore, we have to rationally think and choose, for example, information technology in the monitoring, management, service, information transfer, decision-making and other litigation activities have a very broad space for the use of information technology, but we must at the same time clearly recognize that there are part of the judicial activities can not and should not be replaced."
Yang Jianguang, a professor at Sun Yat-sen University School of Law, also said that the wisdom of justice can be involved in all aspects of justice, but the only thing that should not be involved is lawyers meeting with defendants. If the meeting is conducted through remote video, it involves the issue of possible audio and video recording, which is clearly stipulated in the law. Therefore, the development of similar technology, the most basic is absolutely can not violate the provisions of the law, must be actively and steadily in accordance with the law.
Gao Jingfeng, deputy director of the Division Reform Office of the Supreme People's Procuratorate, pointed out that the impact of big data on the work of the judiciary is very obvious, for example, in the process of evidence collection, the case officer, if the intrusion of the suspect's private computer to obtain the data, whether it can be used as evidence is worth exploring. "How to formulate new rules of evidence, which is also a new requirement put forward by artificial intelligence, big data and new technology on judicial reform. We must keep up with the times and master technology through learning to truly guarantee that AI and big data are used for us and become our tools rather than us being held back by them." Gao Jingfeng said.
The only way to really do it is to apply it to reality.