Normative Construction of Algorithm Aided Legal Interpretation
The rapid development of artificial intelligence technology and algorithmic technology makes algorithm ai-ded legal interpretation possible. Following the idea of drawing the form from the normative text of legal provisions to the symbolic language that can be processed,handled and applied by algorithms,introducing Peirce' s symbolic theoretical system,as well as referring to the computer modal language,the algorithm aided legal interpretation,compared with the traditional legal interpretation,can evolve into the perceptual interpretation centered on the read-ing of the meaning of the rules,the dynamic interpretation centered on the demonstration of the consequences of the rules,and the reductive interpretation centered on the reflection of the understanding of the association of the rules. The normative construction of algorithm aided legal interpretation also faces the problem of conflict of effectiveness among new legal interpretation methods. In the choice of method,the tension between data operation and normative value in perceptual interpretation may lead to rash decision,the excessive use of predictive models in dynamic in-terpretation may potentially pose the hidden danger of technocratic supremacy,and reductive interpretation also needs to avoid the controversy between the application of legal principles and legal rules in legal interpretation. The realization of the normative nature of algorithm aided legal interpretation requires a coherent consideration of the limits of the use of various methods of algorithm aided legal interpretation. The judiciary should constrain the use of algorithms in legal interpretation with human rationality,and establish a priority level of"perceptual interpretation-dynamic interpretation-reductive interpretation"with human rationality,to promote the legal interpreters to show their rational ability while obtaining technical support and optimize the procedures and results of algorithm aided le-gal interpretation. In judicial practice,the use of perceptual interpretation method should be prioritized to improve the rational chain of"algorithmic assistance-human decision",so that if the interpretation result supported by suffi-cient reasons can be obtained through perceptual interpretation,and meets the requirements of meaning,truth value and normative modality,its interpretation conclusion can be applied with reference to the common ideas of textual interpretation. Dynamic interpretation focuses on the consideration of consequences and should be used second to perceptual interpretation. The interpreters should limit the dynamic interpretation to the scope of consequence sup-plementation based on the distinction between legal interpretation and legal prediction. When the use of perceptual interpretation and dynamic interpretation is faced with a difficult choice,reductive interpretation should be used as a tool for reconciliation to find consensus among legal interpreters on the use of interpretation methods in individual cases,forming the algorithmic conditions of"legal norms-rules of operation". It is precisely the"human legisla-tion"that establishes the reference status and instrumental status of the algorithm aided legal interpretation,and al-so provides the most fundamental and core compliance for the normative construction of the algorithm aided legal in-terpretation.
万方数据
维普
