人工智能司法的道德重构与实践路径

Moral Reconstruction and Practical Path of Artificial Intelligence Justice

摘要: 人工智能辅助法官在司法领域的应用引发的一系列争议，其底层根源主要在于人工智能技术的介入冲击了司法的公正性与其所具有的鲜明的价值判断特征。由于人工智能的介入还为法官所要坚守的衡量标准注入了除了事实与法律之外的其它要素，从而使得审判权的独立性被其它因素所干扰，法官失去了裁判的自由度，司法也便失去了最基本的道德基础。在这种情形下，应取其人工智能司法的优势，又要剔除其隐藏着的对传统司法规律的逆向运行、伦理冲突、隐私泄露、算法歧视以及权责主体认定困难等深层次问题，坚持人工智能在司法领域的“参考性”角色地位，克服算法权力带来的正义怀疑、数据伦理等负面效应，坚守法官作为案件的最终裁决者与中立地位这根红线，夯牢算法运用的道德性根基与规则，规避司法风险，为司法领域累积发展新势能。

Abstract: The application of artificial intelligence assisted judges in the judicial field has caused widespread controversy, and its underlying root lies mainly in the impact of artificial intelligence technology on the fairness of the judiciary and its distinct value judgment characteristics. The intervention of artificial intelligence injects factors other than facts and law into the measurement standards that judges need to adhere to during trials, and Inappropriate interference from other factors affects the independence of judicial power, causing judges to lose their freedom of judgment and the judiciary to lose its most basic moral foundation. In this situation, we should take advantage of the advantages of artificial intelligence in judicial affairs, while also eliminating deep-seated problems such as the reverse operation of traditional judicial laws, ethical conflicts, privacy leaks, algorithm discrimination, and difficulties in determining rights and responsibilities. We should adhere to the “reference” role of artificial intelligence in the judicial field, overcome the negative effects of algorithmic power such as doubts about justice and data ethics, adhere to the red line of judges as the final adjudicators and neutral status of cases, consolidate the moral foundation and rules of algorithm application, avoid judicial risks, and accumulate new development momentum for the judicial field.