- 中国法院信息化发展报告(No.1·2017)(英文版)
- 李林 田禾
- 1211字
- 2020-08-29 01:35:58
II. Intelligent Trial
The development of Internet technology has entered the Age of Big Data, when data is a powerful production factor. Big data opened the “third eye” of the humankind because the analysis, processing and mining of an ocean of data enables us to gain insight to the unknown world. Judicial data are important resources, and the core of people's court informatization 3.0 edition is deep mining of judicial big data. The establishment of judicial big data depends on the collection of case nodes in the court's judicial management system. In the online court model, the whole process from case registration to trial and to enforcement is all carried out and recorded in the system, laying the foundation for establishing judicial big data with the background of “new normal” of the economy, the number of lawsuits has seen explosive growth, but the number of judges hasn't increased sharply, so we have to resort to technical means to help judges improve their work efficiency and mitigate the conflict between “large number of lawsuits” and “small number of judges”.
i. Intelligent push of judicial resources
The Supreme People's Court developed and launched online Faxin, a platform that gathers legal knowledge and resources as well as intelligent achievements with IT means to meet the court personnel's targeted needs for laws, cases and professional knowledge when handling cases. The personnel upload basic information about new cases in the system, and the system, by deconstruction and labeling, automatically pushes relevant cases, laws and regulations. Jiangsu promoted Faxin platform in all courts in the province and held training on its use, and realized intelligent search and push of such judicial information as typical cases, judgement document and legal opinions, providing references for the judge in charge. In 2012, Shanghai courts took the initiative in China to launch the C2J intelligent system that assists judges in handling cases. It quickly provides the judge in charge with legal provisions relevant to the case and other similar cases, and proactively pushes information including related, reference and similar cases, laws and regulations, and useful calculation tools. It also integrates intelligent search tools and collects case-related information in all aspects, thus lowering the work intensity of the judge and improving work quality and efficiency. As far as data technology is concerned, the system, by deconstructing the judgement document, can match keywords more accurately, determine the level of similarity between judgement documents, and automatically push to users other judgement documents similar to the one they are concerned with.
In the practice of trial, the big data research platform of Beijing courts not only provides judges with similar cases either by the judge's proactive search or by the system's intelligent push, but also provides assistance to them in trial and decision-making at every link, ranging from case registration, panel discussion, court hearing and all the way to litigation service. Big data permeate the system application and are employed to push for the unification of legal applicability and judgemental criteria. Judicial big data make information about individual cases quickly spread in time and space and therefore provide judges with richer and more comprehensive information support. For example, Hebei's “Smart Trial 1.0 system” can automatically associate and identify relevant cases of the same concerned party. By identifying his or her valid ID information, the system can present how many lawsuits he or she has been involved in, what the current lawsuit is about, and other information, thus avoiding repeated, malicious and false litigation as much as possible.
ii. Risk warning of trial deviation
A judge can only know a limited number of cases, which, combined with institutional, regional and other objective limitations, makes it very difficult to ensure “same judgement of similar cases” across the country. Issuing a warning to judges whose judgement deviates can help realize that goal to the largest extent. The warning mainly depends on AI technology, whereby the system automatically searches out similar cases in large quantities from a multitude of documents in a real-time and accurate manner, makes accurate judgement of irregular cases, and issues a warning and conducts management. By means of extensive collection, mining algorithm, overall processing and scientific analysis, courts in Zhejiang Province analyzed the multitudes of data both inside and outside the courts and built models to explore the characteristics and patterns of judicial enforcement in new situations. The purpose is to make judicial decisions more scientific, improve the capability of judicial prediction and prejudgement and emergency response, and let data serve judicial business.
Court trial cannot do without the results of statistical analysis of all kinds of judicial data. The old trial statistical analysis software was only able to conduct statistical analysis of data in a certain time frame, but big data analysis system is able to do that of data in multiple time frames and present the results in tendency chart, year-on-year chart and pie chart, thus presenting the pattern and trend of judicial data.
Big data tools are not separate Internet tools, but are usually embedded in the judicial management process. When a judge's judgment differs from previous judgments on similar cases, or when the list of evidence submitted by other litigation participants differs from the evidences submitted on previous similar cases, the system will issue a warning automatically to remind the judge to double check. Big data can also assist in deciding the admissibility of evidence. We can label the relation between evidence and factum probandum, conduct big data analysis on whether such relation is tenable, and evaluate the relation. Then we can help the legal personnel to predict how likely the court is to admit the evidence.
iii. Intelligent generation of legal documents
Legal documents are important carriers and manifestations of how judges handle judicial matters, as well as true reflections of the process of case handling. The automatic generation of legal documents, covering the whole process and recording all details, not only lightens judge's workload and improves their work efficiency, but also makes the case-handling process clear and transparent. It is also a kind of silent supervision over judges, reminding them to keep self-vigilance and self-discipline at all times. In an effort to make judicial trial more “intelligent”, Jiangsu courts tried the court trial intelligent audio system and realized speech-to-text conversion of court trials, which lessened the pressure on clerks and made trial records more accurate. Since July 2016, the Shanghai First Intermediate People's Court was the first court in the city to apply AI technology to court trial. The “court trial intelligent speech transcription system” was used in court and took initial success. By the end of October 2016, three collegiate benches of Shanghai First Intermediate People's Court used that system, 16 court sessions were held and 16 trial records were produced. Statistics show that with correct use, the system maintained a speech transcription accuracy rate of over 90%, and full trial records could be formed immediately after the court closed. Mainly used in court trials, this system has such functions as audio recording, real-time transcription and revision or edition of trial record, and is able to convert audio recording of the trial into text and generate a trial record simultaneously.