司法中的人工智能:执法的法律和心理方面

IF 0.2 Q4 LAW
S. Chucha
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引用次数: 0

摘要

这个话题。人工智能被认为是一种跨学科的法律和心理学现象。加强人工智能法律研究中的心理成分,特别是将其引入执法和司法实践的特殊需要得到证实。本研究的主要目的是证实或驳斥人工智能可以在司法中实施的假设,并证实这种实施的法律限制。的方法。通过对现行立法、人工智能应用实践以及其他经验数据的比较,确定了法律规制和人工智能在法理和司法程序中的应用的内外部法律和心理因素。主要成果,适用范围。对法理学中人工智能的法律定义和理论定义的分析表明,它们的定义和组成部分是心理实践与心理科学主体(内在因素)之间的关系。人工智能的法律研究都是建立在一种心理学概念装置的基础上,它们都是在法律上把人工智能描述为一种心理现象,并将有生命的智能主体的心理与无生命的物体的心理进行类比,使后者人性化。联邦立法者也在遵循使用心理概念工具的道路。人类认知功能和智力活动等类别适用于俄罗斯联邦法“关于进行实验以建立特殊法规,以便为俄罗斯联邦主体-联邦城市莫斯科的人工智能技术的发展和实施创造必要条件,并修改联邦法第6条和第10条“关于个人数据”。对在公司治理、司法、劳资关系、社会保险、选举程序中使用人工智能元素的实践进行了法律和心理分析。结论证明,将人工智能及其要素引入司法的必要条件是当事人和法院的信任。这种信任提供了一种真实的可能性,通过心理上可接受的和法律上形式化的方法(外部因素)来验证人工智能做出的行为和决定。人工智能在一般执法和司法中的应用可能有两个方向:(1)解决与法律诉讼中专业人工智能系统与人类能力的近似相关的问题,并将其集成以增强智能;(2)创造人工智能,即将已经创造的人工智能要素整合为一个能够参与司法的单一系统,但不具有自由意志的属性,也不获得法律人格。使用人工智能的执法应遵守《关于在司法系统及其环境中使用人工智能的欧洲道德宪章》所载的原则,其中的条款应在国内立法中实施,之前已根据国家法律传统进行了修订。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Artificial intelligence in justice: legal and psychological aspects of law enforcement
The subject. Artificial intelligence is considered as an interdisciplinary legal and psychological phenomenon. The special need to strengthen the psychological component in legal research of artificial intelligence and its introduction into the practice of law enforcement and justice, in particular, is substantiated.The main goal of the study is to confirm or refute hypothesis that AI may be implemented in justice and to substantiate the legal limits of such implementation.The methodology. Based on the comparison of the current legislation, the practice of its application, and other empirical data, internal and external legal and psychological factors of legal regulation and the use of artificial intelligence in jurisprudence and judicial proceed- ings are identified.The main results, scope of application. The analysis of legal and doctrinal definitions of artificial intelligence in jurisprudence has shown that their defining and integral part is relationships that are the result of psychological practices and the subject of psychological science (internal factors). Legal studies of artificial intelligence are based on a psychological conceptual apparatus, all of them legally describe artificial intelligence, first of all, as a psychological phenomenon and build an analogy between the psychology of a living intelligent subject and an inanimate object, humanizing the latter. The federal legislator is also following the path of using the psychological conceptual apparatus. Such categories like human cognitive functions and intellectual activity are applied in Russian Federal Law "On conducting an experiment to establish special regulation in order to create the necessary conditions for the development and implementation of artificial intelligence technologies in the subject of the Russian Federation - the federal city of Moscow and amending Articles 6 and 10 of the Federal Law "On Personal Data". The legal and psychological analysis of the practice of using elements of artificial intelligence in corporate governance, justice, labor relations, social insurance, electoral procedures has been subjected.The conclusion is substantiated that an indispensable condition for the introduction of arti- ficial intelligence and its elements into justice is trust on the part of the disputing parties and the court. Such trust is provided with a real possibility of verifying the actions and decisions made with artificial intelligence by psychologically acceptable and legally formalized methods (external factors). The use of artificial intelligence in law enforcement in general and justice in particular is possible in two directions: (1) solving problems related to the approximation of specialized artificial intelligence systems in legal proceedings to human capabilities and their integration to enhance intelligence; (2) creating artificial intelligence, which is the integration of already created elements of artificial intelligence into a single system capable of participating in justice, but does not have the properties of free will and does not acquire legal personality. Law enforcement using artificial intelligence should comply with the principles enshrined in the European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their environment, the provisions of which should be implemented in domestic legislation, having previously been revised in accordance with the national legal tradition.
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