人工智能在刑事证据审查判断中的应用研究

Research on the Application of Artificial Intelligence in Criminal Evidence Examination and Judgment

摘要: 人工智能与刑事司法的关系日渐紧密，加之司法实践中冤假错案得以平反、办案程序不规范以及“案多人少”的矛盾激化的现象发生，人们利用人工智能辅助证据形式审查的需求越来越迫切。然而，人工智能在审查判断刑事证据的过程中仍存在数据算法的不确定性、证据标准统一指引的隐患、人工智能对司法制度传统价值的冲突等问题。为解决以上问题，司法机关需要在平等公正、庭审实质化原则指引下，根据人工智能有限辅助的定位，完善证据选择适用人工智能的审查判断机制。同时通过增强算法的可解释性，推动问责制度的建立，最终促进人工智能与司法公正的良性互动，实现程序正义与实质正义的有机统一。

Abstract: The relationship between artificial intelligence and criminal justice is becoming increasingly close, coupled with the phenomenon of unjust and false cases being vindicated in judicial practice, irregularities in case-handling procedures, and the intensification of the contradiction of “too many cases, too few people”, the demand for the use of artificial intelligence to assist in the review of formal evidence is becoming more and more urgent. However, artificial intelligence in the process of reviewing and judging criminal evidence, there are still data algorithms of uncertainty, the hidden dangers of unified guidelines for evidence standards, in artificial intelligence on the judicial system of traditional values of the conflict and other problems. To solve the above issues, the judicial authorities need to improve the evidence selection and application of AI’s questioning mechanism under the guidance of the principles of equality and fairness and trial substantiation, as well as by positioning AI’s limited assistance. At the same time, through the enhancement of the interpretability of the algorithm, to promote the establishment of a system of accountability, and ultimately to promote the benign interaction between artificial intelligence and judicial justice, to achieve the organic unity of procedural justice and substantive justice.