中圖分類號：D915.3
文獻標識碼：A
DOI:10.19358/j.issn.2097-1788.2023.08.004
引用格式：李容佳.論人工智能在刑事司法決策中的應用［J］.網絡安全與數據治理，2023，42（8）：21-27.

On artificial intelligenceassisted criminal justice decisionmaking

Abstract： The application of artificial intelligence in the field of criminal justice is on the rise, and countries around the world have widely developed artificial intelligence products in order to improve judicial efficiency and enhance the fairness of judicial decisionmaking. However, artificial intelligence is still in its initial stage, with technical defects such as decisionmaking bias and algorithm black box, and cannot achieve complete value neutrality. The application of artificial intelligence also has an impact on traditional judicial principles and theories, threatening human rights protection to a certain extent. Therefore, the role of artificial intelligence in judicial decisionmaking should not be blindly exaggerated. In view of the defects of artificial intelligence technology, this paper proposes to reduce decisionmaking bias and promote relevant certification standards in each cycle of AI development. For the application of artificial intelligence, it must be clear that artificial intelligence can only assist decisionmaking rather than replace decisionmaking. Secondly, human responsibility and supervision should be strengthened to ensure the fairness of decisionmaking. At the same time, the data rights of the defense should be strengthened to achieve the balance of prosecution and defense under the technical justice model.

Key words : artificial intelligence; judicial decisionmaking; human rights protection; balance of prosecution and defense；data rights