Abstract
AbstractThe singularity of artificial intelligence (AI), which transcends human intelligence to play the role of God, is imminent. In this context, the Chinese judicial system has gained some latecomer advantage, with the help of information technology, the Internet, big data, cloud computing, and AI to improve the efficiency and transparency of case handling. The trial process has undergone extensive and profound qualitative mutations. This represents a challenge to the institutional arrangements of the modern rule of law. At this stage, we should adopt a cautious and prudent attitude towards the design and application of legal-expert systems as well as machine learning. Especially from the aspect of computer sentencing, it is even more necessary to avoid a rush for quick results, and there is no need to completely exclude the judge’s discretion and free evaluation of the evidence through inner conviction. The finality of the judicial power is destined to choose a correct final solution through a debate on the survival of the fittest mechanism. In the face of such a modern rule-of-law system, big data, cloud computing, information technology, and AI are just auxiliary means to achieve legal justice. It is impossible to put the cart before the horses. This is a basic principle that we should always bear in mind.
Highlights
On 19 October 2017, the major media reported that the “AlphaGo Zero” program had been developed by the company DeepMind, a subsidiary under the Google umbrella mastering self-learning and creativity
The Chinese judicial system has gained some sort of latecomer advantage, using information technology, the Internet, big data, cloud computing, and artificial intelligence (AI) to improve the efficiency and transparency of case handling, resulting in extensive and profound qualitative changes and mutations in the trial process
It must be acknowledged that the subject, standards, and procedures of ruling have presented an unprecedented scene: courtrooms seem like factories; the significance of the judge as a skilled judge operating on the line of operations is being strengthened by the weakening of the synergy and unity of the different roles of the public-prosecutor division. All these trends pose a serious challenge to the institutional arrangement of the modern rule of law and it is worthy of our careful research, analysis, and consideration
Summary
On 17 September 2000, the Brazilian artist Eduardo Kac created the green fluorescent rabbit Alba with the help of French genetic engineering. On 19 October 2017, the major media reported that the “AlphaGo Zero” program had been developed by the company DeepMind, a subsidiary under the Google umbrella mastering self-learning and creativity These facts have occurred one after another, which means that, as singularity is close, AI will surpass human intelligence to play the role of God. From Alba to AlphaGo to AlphaGo Zero, only 17 years have passed. It must be acknowledged that the subject, standards, and procedures of ruling have presented an unprecedented scene: courtrooms seem like factories; the significance of the judge as a skilled judge operating on the line of operations is being strengthened by the weakening of the synergy and unity of the different roles of the public-prosecutor division All these trends pose a serious challenge to the institutional arrangement of the modern rule of law and it is worthy of our careful research, analysis, and consideration. This article attempts to present some cold thinking about the social craze which exclaims that “robot judges are coming” and traces the initial intention and essence of judicial-system reform
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