人工智能与中国司法审判的智能化

Introduction / 1
Chapter 1 Status Quo of Trial Efficiency and Quality in China’s Civil Litigation / 13
1.1 Status Quo of Trial Efficiency and Quality in China / 14
1.1.1 Evaluation of Trial Efficiency / 15
1.1.2 Evaluation Index of Trial Quality of Courts in China / 18
1.2 Weights Setting of Judges’ Performance Assessment Indicators / 25
1.3 Insufficient Trial Resources in Local Courts / 29
1.3.1 Dramatically Increased Cases but Limited Quota Judges / 30
1.3.2 Great Pressure on Judges / 33
1.3.3 AI Making Up for the Shortage of Judicial Assistants / 36
1.4 Loopholes of Internal Trial Supervision Brought by Judicial Accountability System / 38
1.4.1 Court Leading Cadres Being Hesitant or Unwilling to Supervise / 41
1.4.2 Defects of the New Case Assignment System / 43
1.4.3 Other Dilemmas / 46
1.5 Trial-quality Ignorance of the Smart Court Construction in the Early Stage / 49
1.5.1 Construction and Development History of Smart Courts / 52
1.5.2 Applications of Artificial Intelligence in Smart Courts / 56
1.5.3 The Goal Pursuit in the Early Stage of Smart Courts: Efficiency Orientation / 81
1.6 Distrust on AI Participating in Trial: Based on a Questionnaire / 85
1.6.1 Overview Information of Respondents and Investigation Methodology of the Questionnaire / 86
1.6.2 Survey Results and Data Analysis / 88
1.7 Conclusion / 96
Chapter 2 Legal Reasoning and the Development of Court Intelligent Auxiliary Case Handling System / 98
2.1 Development Goal: Promoting Trial Quality and Further Improving Trial Efficiency / 102
2.1.1 General Goal of Trial Quality: Treating Similar Cases Alike / 102
2.1.2 Sub-goal 1: to Solve the Law Application Justification Problems / 105
2.1.3 Sub-goal 2: to Solve the Problem of Unifying“ Similar Cases” Standard / 109
2.1.4 Sub-goal 3: to Solve the Problem in the Legal Reasoning Process / 115
2.1.5 Other Sub-goals / 118
2.2 Selection of Research and Development Domain / 119
2.3 Jurisprudence Basis and Model of Legal Reasoning / 126
2.3.1 Deduction: Rule-Based Reasoning / 127
2.3.2 Non-monotonic Logic and Defeasible Reasoning Model / 129
2.3.3 Analogy: Case-Based Reasoning and Knowledge-Based Reasoning / 137
2.3.4 Cooperative Paradigm Reasoning Model— Chinese Choice / 144
2.4 Building the Intelligent Auxiliary Case Handling System for Road Traffic Accident Compensation Disputes / 147
2.4.1 Building Rule-Based Reasoning System / 148
2.4.2 Building Knowledge-Based Reasoning Model / 155
2.4.3 Establishment of Defeasible Reasoning Model / 164
2.4.4 Construction of Case-Based Reasoning Model / 167
2.4.5 Establishment of Intelligent Auxiliary Case Handling System / 178
2.5 Conclusion / 183
Chapter 3 Law Expectation and Due Process: From Perspective of Civil Litigation / 188
3.1 Absence of Law Causing Legal Expectation of Intelligent Trial Failed / 189
3.2 Embedding the Intelligent Auxiliary Case Handling System in Civil Procedure / 194
3.2.1 Element-Oriented Trial Mode Applied in Road Traffic Cases / 194
3.2.2 Scope of the Element-Oriented Court Trial Expanded to Complicated Cases / 208
3.2.3 Different Judgment Reasoning Requirements in Summary and
Formal Procedures / 213
3.2.4 Embedding the Intelligent Auxiliary Case Handling System in Civil Procedures / 217
3.3 Institutional Design of Intelligent Adjudication in the Civil Procedure Law / 220
3.3.1 Substituting the Judge to Make Adjudication in Summary Procedure / 221
3.3.2 Assisting the Judge to Make Adjudication in Formal Procedure / 223
3.3.3 Compulsory Application of the IACHS in the First Instance Trial in the
Selected Domain / 227
3.3.4 Trial Responsibility Allocation / 235
3.3.5 Application of IACHS in Appeal and Retrial Procedure / 240
3.4 Dual Shaping of Due Process on the IACHS: Procedural Legitimacy and
Substantive Legitimacy / 243
3.4.1 Procedure Subjects: Role Separation / 246
3.4.2 Subject’s Behavior: Time Requirements and Communication Rules / 250
3.4.3 Procedure Result: Judgment Acceptability / 260
3.5 Conclusion / 263
Findings and Forward: the Judicial World of Human-Machine Collaboration / 267
Appendix 1 / 285
Appendix 2 / 288
Appendix 3 / 292