(Original title: "The people look at the Secretary for change." This set of intelligent systems is designed to pick up judges. Will one day replace the judge?
story
Chen Wenting, a judge's assistant in a Shanghai court, recently used a "new weapon."
The name of this “new weapon†is called the “Intelligent Document Correction System†and is being “tasted†by some Shanghai judges. Chen Wenting is one of them.
This system that has just been put into operation is not simple. It can not only accurately apply judgements and similar cases to judges as a reference model, but also, most critically, correct the various types of substantive errors while the judges are producing the documents.
Under what circumstances will it be "lighted warning light"?
“For example, the verdict of a small lawsuit I wrote recently should refer to a provision of Article 144 of the Civil Procedure Law 'On Default Judgment.'†A Shanghai judge recalled. “But in my judgment, I didn’t put this Write it up. As a result, the smart analysis system immediately gave me a 'tip'!"
With this "warm hint," the judges handled the case and felt even more troubled.
According to the big data intelligence analysis, this system can not only instantly correct the word errors and typos in the writing documents, but also identify the substantive errors related to judgments in the judgment documents. For example, the "decision did not respond to a lawsuit request", "missing part of the reasoning part of the lawsuit", "the factual part of the argument is omitted," and "the evidence provided by the parties did not appear in the reasoning part," and other 17 aspects, will be the first time Give the judge a hint.
In fact, it is the original intention of the system's R&D that the elimination of substantive errors in such judgment documents.
Li Wei, an engineer at the Shanghai High Court’s intelligence analysis project for referees, introduced: “People are good at logical reasoning, and the machines are good at: memory function, analysis function and calculation function. The combination of human and machine is to put people Combine the advantages of the machine and help the judge review the quality of the trial in the background.â€
The judgment document is the final presentation of the legal ruling. If the substantive errors hidden in it are not discovered, no matter the credibility of the judge, the people, or the judiciary, the negative effects cannot be measured.
The innovation of this "new weapon" should also be started from the "nine-step trial of essentials" put forward by Zou Bihua.
The "Nine Steps to Achieve the Trial" means that by deconstructing the legal requirements, it is necessary to grasp the key points and priorities of the case facts during the trial process, just as "Buddha's solution to cattle". Once they have grasped the "key points" and "prescribed for the right medicine," the controversial points will easily be combed and resolved.
However, the problem came again. This system is based on the analysis of the legal requirements of the case, will not be too rigid?
the answer is negative. In addition to understanding the "rules", this system is a good student who is "smart." In order to avoid "empirical mistakes," this system has been set up to autonomously intelligently learn and dismantle legal elements.
This intelligent learning ability is not simple. With artificial assistance, the system will establish rules and build data modules to store what has been “learnedâ€. In the future, when similar situations are encountered, they can automatically and intelligently identify these legal entity errors and give the judges an error correction. .
You have to ask, how much did it learn? It has studied a total of 1 million referee documents in the past fifteen years. It has only talked about "storage capacity," and judges who have been employed for 15 years are hardly expected to do anything.
After learning more than a million copies of the referee documents, the system's “stomach†is like installing an entire “databaseâ€. After encountering the same lawsuit in the same case, the system found the basis for the corresponding reasonable legal claims in the blink of an eye and the scope of application of the corresponding laws automatically popped up.
Of course, the system is smart again, it is only the judge's "small assistant." Assume that a new judgment document comes in, beyond the scope of the system's capabilities, it will be considered a new type of case, or there is a flaw in the reference. At this time, the system will “retreat to the second line†and wait for a creative and dynamic judge to solve it personally.
If it is just leaking or misleading, the system can automatically prompt. This is equivalent to an experienced judge who assists the judge in reviewing the trial quality of the case. Isn't it safe to use the law?
Institutional links
In July 2016, the General Office of the CPC Central Committee and the General Office of the State Council issued the Outline of the National Strategy for the Development of Informatization, and included the establishment of a “wisdom court†in the national strategy for the development of informatization, and clearly stated that the “wisdom court†should be built to improve the acceptance of cases. The informationization level of trials, execution, and supervision shall be promoted to promote fairness and justice.
In addition to being able to assist judges in judging the scale of judges, the intelligent decision assistance system can also intelligently review the quality of cases that have been judged to be effective, form a degree of deviation from the referee, strengthen the internal supervision of the jurisdiction, and prompt the handling judge to consciously adjudicate in accordance with the law. , To solve the "difficulty in supervision" in the implementation of the judicial responsibility system.
Being good at using the reform method to solve problems... Shanghai and other places have used the intelligent document correction system to automatically identify and correct mistakes in the documents, effectively alleviating the contradiction between many people and fewer cases. ... It turns out that as long as people are open to new ideas and actively explore, the difficulties encountered in the reform of the judicial responsibility system can be solved.
——Professor Meng Jianzhu's “Speech at the National Judicial System Reform Promotion Conference†(July 18, 2016)
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