Justice is the life of the rule of law, and evidence is the soul of litigation. In a specific case, the evidence often determines the outcome of a guilty and sinful sentence. Nowadays, artificial intelligence enters the front line of the judiciary. Through the guidance of the standards of evidence, through the assistance and the suppression of the case-handling personnel, it is ensured that the innocent person is not subject to criminal prosecution, and the guilty person is justly punished.
Preventing false and wrongful cases
The suspect voluntarily confessed his murder, but the court did not recognize it. What is the reason behind it? In 2014, Shanghai made a conviction of a murder case two years ago during the trial. According to the confession, the police found the bones, and the sharp wounds on the remaining clothes also matched the confession, but the court did not identify the crime. The reason is the major defects in the evidence chain of the case.
"According to the available evidence, it can only prove that the suspect knows where the victim's body is buried and what the body looks like, but there is no evidence to prove that the suspect killed the victim. We believe that the evidence chain of this case is still incomplete. Wherever, it has not reached the level of excluding all reasonable doubts." Ling Li, a judge of the Shanghai Higher People's Court.
Since February 2017, the research and development team of Shanghai High Court has used big data technology to compare and analyze more than 30,000 criminal legal documents, 9012 typical cases and 16.95 million judicial information resources in Shanghai. In accordance with the easy-to-issue, multi-issue and common problems in the judicial practice in the judicial practice, the evidence standards and evidence rules were formulated, and these standards were embedded in the data-based case handling procedure, and the “Shanghai Criminal Case Intelligent Aid Case Handling System†was launched. ".
Under the pressure of this system, "investigators must collect fixed evidence from the beginning of the acceptance of the case to ensure that the investigation and transfer of the prosecution case meets the standards and procedures prescribed by law." Cui Yadong, president of the Shanghai High Court, said that at the same time, the system It also has the functions of evidence verification, review and judgment, timely discovery, prompting the contradiction between the evidence and the evidence, and preventing the phenomenon of “one step wrong, step by step, wrongâ€. In this way, the differences, limitations, and subjectivity of the personal judgment of the case-handling personnel are overcome, and the scientificity and accuracy of the evidence review judgment are greatly improved.
"The similar application of artificial intelligence is of great significance in preventing the occurrence of false and wrongful cases, ensuring that people who are not guilty are not subject to criminal prosecution, and that guilty people are being punished with justice." Cui Yadong said.
Avoid "classification of different cases"
On the roadside, I used the mobile phone to make a phone call, but I ran away from the mobile phone. This kind of case has happened in many places in the country. However, when searching for the Chinese refereeing paper network, similar cases were found to have different judgments. Some swindle crimes, some burglary crimes, qualitative differences directly affect conviction and sentencing.
In this regard, "Guangzhou Intermediate People's Court conducted a big data analysis of more than 3 million similar cases in history, and formed a 'Intelligence-assisted sentencing ruling system'. This system affects more than 20 situations and cases of theft decisions. The weights are analyzed. When the judge enters the elements of the case, the system will automatically compare and calculate on the basis of traditional push similar cases, and give a graphical analysis and data reference for the sentencing amplitude.†Guangzhou Intermediate People's Court Xu Bing, president of the Criminal Court, said.
Big data draws the same "one ruler" for all judges, and the phenomenon of "classification of different cases" is difficult to happen again. According to the data, in 2016, the Guangzhou Intermediate People's Court's first-instance trial rate was 84.6%, and the rate of re-judgment, re-review, complaints and complaints, and re-initiation rate decreased.
Artificial intelligence avoids human subjectivity, can analyze the case more scientifically, and apply the law more accurately. Does this mean that artificial intelligence can replace the judge's referee? But in fact, it's not.
In March 2016, Dai Juan, the president of the Qinhuai Court of Nanjing, Jiangsu Province, tried a traffic accident case. When she introduced the case file into the “same judgment early warning systemâ€, the system automatically calculated the sentencing results applicable to the case, and was sentenced to 2 years in prison. However, Dai Juan does not want to make such a judgment. "If I forcibly sentenced to 2 years in prison, the victim will not be compensated, and the defendant may also face the disintegration of the family, and even the situation that the child is unguarded." Dai Juan said.
In view of this, after Dai Juan enters the information of the parties' signing of the letter of understanding and the defendant's active compensation in the "Special Situation Information of the Case" window, the system displays the judgment results of similar or identical conditions: most of them are 1 year to 1 year and a half. Imprisonment, suspended from 1 year to 1 year and a half. This result is in line with Dai Juan's inner judgment.
"What really touches people is the vivid facts, the living life, not the law itself." Dai Juan said.
Crack the problem of "multiple people in the case"
When Xu Bing was seated at his desk, the files of the four or five high-ranking files seemed to be "submerged" in an instant, and the files of these hundreds of volumes were from the same case.
“Can we use technology to help judges reduce transactional work and let judges focus on trial work?†At a working meeting, Sun Chao, president of the Guizhou Higher People’s Court, threw out this idea. In 2016, Guizhou High Court attempted to introduce a professional big data analysis team to collect historical case data of the third-level courts in Guizhou Province to form case big data.
At present, all cases filed in the grass-roots courts in Zunyi City, Guizhou Province, must first be streamlined and shunted according to the difficulty level of the case through the intelligent division system of the big data analysis platform. Simple cases are assigned to the simple court, and complex cases are assigned to the collegiate bench. deal with. “Traditional cases are complicated and diverted by the judge of the filing court. It takes 10 minutes for a single case and 5 seconds for the system. At the same time, the recognition accuracy of the machine is over 98%, which is higher than the accuracy of the manual division. Xiao Jun, executive vice president of the Intermediate People's Court of Zunyi City, said.
With the use of artificial intelligence and other scientific and technological means, in many places, judges have not only been "flooded" by the surge of cases, but have been alleviated and improved work efficiency. Zhou Meiying is a clerk of the Suzhou Intermediate People's Court in Jiangsu Province. Two years ago, she was nervous when she was in court, for fear that the speed of recording could not keep up. When the "intelligent speech recognition system" was introduced, "I can easily deal with it now," Zhou Meiying said. The reporter was informed that the intelligent speech recognition system can convert live speech into text in real time and display it in the electronic transcript. Even in this local dialect, the system can recognize that the trial time is shortened by 30% to 50%. Gao Xiaogang, the presiding judge of the Second Intermediate People's Court of Suzhou, said that it was only possible to arrange one court at most in one morning. It is now possible to arrange two courts or even three courts. "There are many words in the case of many people, I think it will become a historical vocabulary," said Zhao Hongyin, president of the People's Court of Dengfeng City, Henan Province.
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