Chenfeng Tao, Shao Shao

Shao Shao

29, December 2023

Fact-finding, Artificial intelligence, Criminal procedure, Algorithms, Regulation.

In the context of the construction of "intelligent courts" in China, judicial organs at all levels are actively developing and utilizing artificial intelligence products in the field of criminal justice. However, from a technical point of view, legal artificial intelligence has many difficulties in how to datafy facts, how to process data through algorithms and programs, and how to express the results in language output. The development of legal artificial intelligence is still in the stage of "weak artificial intelligence", and there are few regulations on the use of artificial intelligence at the legislative level. The use of artificial intelligence in fact-finding will inevitably lead to the erosion of the power of the legal fact-finder, may hollow out the trial system, and will challenge the prosecution, defense and trial tripartite structure in China's criminal procedure system. Therefore, measures should be taken to strengthen the top-level design to break the data barriers, improve the legal artificial intelligence compliance construction, cultivate composite talents in jurisprudence and computer science, and refine the algorithms and language models, etc., so as to improve and regulate the application of legal artificial intelligence in the field of fact-finding, and to build a hybrid human-machine fact-finding model.

© 2023, the Authors. Published by ISCCAC

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