Rethinking Judicial Data Disclosure:Types,Contradictions and Resolutions
Digital technology has led to the evolution of judicial disclosure in the traditional physical space into a kind of judi-cial data disclosure with data as the main carrier.Different types of judicial data disclosure in fact carry multiple values.Howev-er,broad judicial data seems to be stuck in a paradoxical situation where both public and private disclosure are problematic:on the one hand,the disclosure of judicial data and the individual's right to privacy may be in conflict,as may the benefits of disclo-sure and the risks of data disclosure by local jurisdictions;On the other hand,the contradiction and conflict of judicial data dis-closure will give rise to the phenomenon of anti-judicial data disclosure,which will deepen the"judicial data resource divide"and"judicial data analysis divide",and exacerbate the formation of"data monopoly"and"algorithmic black box".This ulti-mately leads to an imbalance between the prosecution and the defense,and hinders the development and use of judicial AI tech-nology.In the future,rational openness of judicial data resources should be promoted.The mode of disclosure should be deter-mined according to the type of judicial data,and the disclosure of data should be promoted on a graded and categorized basis.Performance rewards and penalties and liability exemption mechanisms should be adopted to balance the risks and benefits of ju-dicial data disclosure and to rationally standardize data-use behaviors.
judicial opennessjudicial dataopenness of anti-judicial datajudicial artificial intelligence
万方数据
维普
