The Legitimacy of Artificial Intelligence in Judicial Decision Making: Chinese Experience

Zichun Xu
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Zichun Xu: School of Law and Intellectual Property, Sichuan University of Science and Engineering, Sichuan, China

International Journal of Technoethics (IJT), 2022, vol. 13, issue 2, 1-17

Abstract: Since the birth of artificial intelligence, the discussion of the legitimacy of its application to judicial scenarios has never stopped. The domestic academic circles question the legality of artificial intelligence decision-making mainly embodies four aspects: the judge's subjectivity crisis, the power legitimacy crisis, the imputation difficulty crisis, and the damage to the justice realization crisis. Therefore, it is urgent to clarify the legal logic of artificial intelligence in judicial decision-making and clarify its decision-making limits. Therefore, this paper aims to prove the legality of intelligent judicial operation simultaneously from the four-dimensional perspectives of artificial intelligence's intervention in judicial decision-making, such as the judge's subjectivity, the legitimacy of power, the attribution of fault, and the realization of justice, with a view to the subject, power, responsibility, justice, four aspects of the governance of China's intelligent judiciary to make recommendations.

Date: 2022
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