The judicial power in the era of artificial intelligence is facing major stimuli and influences from the results of the information revolution such as big data, cloud computing, and blocks chain. Chinas judicial power theory urgently needs to construct a new ideal picture in the era of artificial intelligence. With regard to the application of laws and the determination of facts, artificial intelligence introduces the thinking method of related relations into the decision-making of judges, and realizes the “same judgment with the same case” through a large database, and leads to the judicial power from passive exercise to active appearance. In the pursuit of justice value and efficiency of justice, the application of artificial intelligence will bring a sharp reduction in judicial costs, an exponential improvement in judicial efficiency, a re-examination of judicial justice, and an intelligent construction of the main body of referees. In the judicial system and technical constraints, the hard constraints of information technology will replace the soft norms of the judicial system. We can use block chain technology to upgrade the witness protection system and try to construct the pre-trial risk assessment system.
章安邦. 人工智能时代的司法权嬗变[J]. 浙江工商大学学报, 2020, 34(4): 149-160.
ZHANG Anbang. Judicial Power Evolution in the Era of Artificial Intelligence. Journal of Zhejing Gongshang University, 2020, 34(4): 149-160.