The Ethical Risk of Intelligent Justice and Its Countermeasures
Intelligent justice is an important part of Chinese-style modernization and digital China strategy.The main purpose of intelligent justice is to realize similar case similar verdict and to improve case justice through artificial intelligence and big data methods with more technical ration.It has a series of significant contemporary significance,such as enhancing judicial credibility and social governance efficiency,building a professional community of judges,promoting judicial modernization,and improving the level of socialist rule of law with Chinese characteristics.However,the technical limitations of intelligent justice and the con-straint force of existing system can easily lead to the loss of ethical elements in case adjudication.Consequently,the alienation of the judicial fairness view between the judges and the public arises,leading to the compromise of judicial credibility and the para-dox of technological application.To control the ethical risks in intelligent justice with legal mechanism,it is necessary to clarify the basic standpoint of the People's nature of justice,establish the subject status of judges in the digital age and the principle of judicial social effectiveness,optimize the operation mode of database,and add informal sources of law to the database.Besides,clarifying the specific situation of extrajudicial argumentation,guaranteeing the judge's discretion and the application field of in-telligent justice,and revising the procedures of judges'justice in intelligent justice are also essential methods.
intelligent justiceethical risksimilar case similar verdictjudicial justiceapplication of lawculture of rule of law
万方数据
维普
