人工智能在案件审判中的应用——以中国知识产权法为例

IF 2.6 3区 经济学 Q1 Business, Management and Accounting
Junqi Ge
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引用次数: 0

摘要

——随着技术的发展,人工智能已经被应用到各个领域,法律也不例外。知识产权法是一个代表性领域。随着中国企业不断创新和知识产权保护意识的增强,近年来知识产权案件数量大幅增加。为了增强企业对国家法律体系的信任,中国为知识产权法律案件分配了相当多的司法资源。然而,随着人工智能技术的快速发展,结合知识产权法案件的特点实施持续学习,使得人工智能支持知识产权法纠纷的审理成为可能。本文通过模拟现实世界案件审判过程,与人类法官的逻辑框架高度相似,处理合理,展示了人工智能系统辅助审判的逻辑和技术基础。而近年来知识产权案件的激增或许可以为构建真实、充足的法律数据库提供一定的支持。许多学者不约而同地提出了对黑箱、算法错误和歧视的担忧,暴露了在案件审判中应用人工智能的棘手但可能解决的挑战。同时,人工智能在司法领域的应用受到伦理体系的约束和规范,确保人工智能在司法领域的规范有序发展。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Application of AI in Case Trials: With Chinese IP Law as an Example
—As technology evolves, artificial intelligence has been applied to various fields and law is no exception. Intellectual property law is a representative realm. As Chinese companies continue to innovate and become more aware of intellectual property protection, the number of intellectual property cases has shown a significant increment in recent years. In order to strengthen the trust of enterprises in the national legal system, China has assigned considerable judicial resources to intellectual property law cases. However, with the rapid development of artificial intelligence technology, the implementation of continual learning combined with the characteristics of intellectual property law cases has made it possible for artificial intelligence to support the trial of intellectual property law disputes. This paper shows the logical and technological basis of the artificial intelligence system in assisting the trial by simulating the procedure of a real-world case trial, which is highly similar to the logic framework of human judges and reasonably processed. And the surge of intellectual property cases in recent years might be able to provide some support for the construction of real and sufficient legal data base. Concerns related to black box, algorithm errors and discrimination are coincidently raised up by many scholars, exposing thorny but possibly solvable challenges of applying artificial intelligence in case trials. Meanwhile, the application of AI in the judicial field is restrained and regulated by the ethical system to ensure the standardized and orderly development of AI in the judicial field.
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来源期刊
CiteScore
5.80
自引率
3.80%
发文量
48
审稿时长
15 weeks
期刊介绍: The Journal of Business Economics and Management is a peer-reviewed journal which publishes original research papers. The objective of the journal is to provide insights into business and strategic management issues through the publication of high quality research from around the world. We particularly focus on research undertaken in Western Europe but welcome perspectives from other regions of the world that enhance our knowledge in this area. The journal publishes in the following areas of research: Global Business Transition Issues Economic Growth and Development Economics of Organizations and Industries Finance and Investment Strategic Management Marketing Innovations Public Administration.
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