| 摘要: |
| 司法审判中，人工智能凭借其高效便捷的优势，广泛适用于证据认定、法律推送、裁判预测等审判活动及审判监管中。但这也使司法责任面临主观责任认定模糊、责任主体界分不明和责任推诿风险扩大的难题。究其原因，技术局限使审判过程存在因果判断与相关性判断的逻辑抵牾，技术人员和监管者对裁判的隐性嵌入消解了法官的主体地位，并且智能审判也面临效率与公正的价值张力。为此，司法责任应在法官、技术人员与监管者之间，设计、应用与运维之间进行均衡配置。应以技术性正当程序构建沟通协商空间，提升追责过程的清晰度；以伦理责任建立司法可信生态，提高智慧司法的公信和权威。同时根据不同场景，对技术影响审判公正的程度进行风险分级，进而基于比例原则明确各主体的技术和伦理责任，促进风险和责任的功能适配。 |
| 关键词: 司法责任 智能审判 技术性正当程序 伦理责任 |
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| 基金项目:国家社会科学基金青年项目“企业合规行政监管的法治化研究”（项目编号： 23CFX007） |
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| The Intelligent Response to Judicial Responsibility in the Human Machine Collaborative Trial Mode |
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Chen Zijun
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| Abstract: |
| Artificial intelligence empowers judicial trials and is widely applicable in trial activities such as evidence identification, legal application, judgment making, and trial supervision due to its advantages of efficiency and convenience. However, this also poses challenges to judicial responsibility, such as vague subjective attribution, unclear delineation of responsibility subjects, and an increased risk of responsibility shifting. The reason is that technological limitations lead to logical contradictions between causal and correlation judgments in the trial process, and the implicit embedding of judgments by technicians and regulators undermines the judge's subjectivity and faces a value tension between efficiency and fairness. Therefore, judicial responsibility should be balanced between judges, technicians, and regulators, as well as between design, application, and operation. A communication and negotiation space should be established through technical due process to enhance the clarity of the accountability process. A trustworthy judicial ecosystem should be established based on ethical responsibility to enhance the credibility and authority of smart justice. At the same time, risk classification is carried out based on the impact of technology on trial fairness in different scenarios, and then the technical and ethical responsibilities of each subject are clarified based on the principle of proportionality, promoting the functional adaptation of risks and responsibilities. |
| Key words: Judicial Responsibility System, Smart Adjudication, Technical Due Process, Ethical Responsibility |
