Применение и теоретическое развитие искусственного интеллекта в гражданском судопроизводстве

Nan Gong; Dongxue Dong

doi:10.21638/spbu25.2024.208

Authors

Nan Gong Heilongjiang University https://orcid.org/0000-0001-5759-7408
Dongxue Dong Northeast Agricultural University

DOI:

https://doi.org/10.21638/spbu25.2024.208

Abstract

With the development of artificial intelligence technology, the scope of application of artificial intelligence in the judicial field continues to expand, and the intelligent auxiliary system of decision-making has taken root in courts throughout China, which not only greatly alleviates the problem of “the existence of a large number of cases and a small number of people” and increases judicial efficiency, but also, by assisting judges in considering cases, also contributes to the uniform application of laws and the normalization of norms for exercise of discretionary powers. A prerequisite for the judicial application of artificial intelligence is the construction of a map of legal knowledge, as well as the typification and elementalization of the rules of litigation. The theory of justice by legal compositions in legal proceedings and the law of the formation of the use of artificial intelligence in justice are inherently compatible, and can be used as an advanced and basic theory for deep neural network learning, setting up word segmentation and designing a knowledge map. The specific application pathway is to continuously perform hierarchical deconstruction in accordance with the theory of justice by legal compositions, deconstruct the establishment of the existence of facts and apply deconstruction regulations to different levels of elements, and their hierarchical and step-by-step marking by legal experts to form a big data map of legal knowledge, marked by elements, for machine learning. To this end, the theoretical tool of the intelligent assistive decision-making system model should implement the transition from “legal logic + artificial intelligence” to “legal logic + philosophy of procedural law + artificial intelligence” so that intelligent auxiliary litigation can truly be integrated into judicial practice.

Keywords:

artificial intelligence, civil proceedings, legal composition, Chinese law, justice, smart court, digitalization

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