首页|数字司法的制度检视与样态建构

数字司法的制度检视与样态建构

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数字司法是传统司法模式在数字时代的延伸和再造,也是对智慧司法、互联网司法实践进行反思、吸收与革新的成果.数字司法不仅在总体目标上表现出数字与司法双向融合、相互促进的特征,而且其具体机制的建设亦集中于对"新兴技术应用"和"新型问题处置"两条主线的遵循.通过对数字司法现实基础与时代价值的考察,可以明确此类司法模式存在的真实性、合理性及正当性.依托数字化转型的整体推进和司法化规制的有序进行,并以组织载体模式、技术规范机制与司法规则体系的变革为重心,或可为数字司法的塑造,以及数字与司法相互扶持、共同推进目标的实现给予有益的方向指引和路径参考.
System Inspection and Pattern Construction of Digital Justice
Originating from the need for legal implementation and dispute resolution,the judiciary has played a piv-otal role in the national political and legal system since its inception due to its unique functional positioning and in-stitutional connotation.It can be seen as a continuation and inevitable requirement of legislative work,as well as one of the core components of the national governance system.Especially in the current stage,the construction,ad-justment,and reform of the judiciary are showing irreplaceable practical value.At the same time,as the interface between law and society,as well as the intersection of the concept of rule of law and social needs,the operation,construction,and evaluation of the judiciary have always been difficult to abandon its attention to the social environ-ment and its development trends.It may even evolve based on its response to external realities,and in turn promote the maintenance and development of internal benefits.With the formulation of the 14th Five-Year Plan as a symbol,the pursuit of digital development goals and the construction of a digital China have become necessary for China to keep up with the wave of information revolution,grasp the trend of the times,and enhance its competitive advanta-ges.The construction of a digital society,the improvement of the level of digital government,and the creation of a digital ecosystem are also desirable directions for the future.In view of this,the promotion and construction of digit-al justice may also be an ideal direction to conform to the trend of the times and reform the judicial paradigm.The emergence of many studies has confirmed the value and effectiveness of such judicial models.However,the emer-gence and construction of digital justice still face severe challenges.Only in the process of integration of justice and technology,there have been smart justice,Internet justice and other models.The confusion of doubts about digital justice's influence,force and reform effect,and even the move to attribute digital justice to the informatization con-struction of the judicial administration system,will cause considerable obstacles to the confirmation of the practical significance of digital justice and the clarification of its connotation.It should be noted that the establishment of dig-ital justice stems from the doubts and debates about intelligent justice and Internet justice,and also focuses on the response to the future reform of the new judicial models and the judicial needs of the information age,with the fill-ing of existing gaps and the embodiment of the era attribute as the starting point and foothold.To sum up,digital justice should not only fully absorb the beneficial experience of smart justice and Internet justice in the application of emerging technologies and the trial of professional cases,but also focus on reducing the excessive emphasis on technical or professional features and the possible negative effects,and finally shape the coexistence pattern of"digital transformation of justice"and"judicial regulation of digit"in the two-way promotion and deep integration of digit and justice.The basic form of digital justice can also be revealed based on this.In contrast,one-dimension-al approaches such as"using technology to transform the judiciary"or"relying on judicial restrictions on technolo-gy"cannot fully express digital justice.Therefore,the construction of the Chinese model of digital justice and the clarification of the core content of digital justice should be explored with the joint assistance of criticism,absorp-tion,and transformation of traditional models,as well as digital innovation,in order to determine the actual form of digital justice.

digital justicesmart justiceInternet justicedigital transformationjudicial governance

吕子逸

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中国法学会 法治研究所,北京 100081

数字司法 智慧司法 互联网司法 数字化转型 司法治理

2024

中国海商法研究
中国海商法协会 大连海事大学

中国海商法研究

CSTPCDCHSSCD
影响因子:0.391
ISSN:1003-7659
年,卷(期):2024.35(3)