人工智能與中國司法審判的智能化 (英文) 張娟娟 9787513093934 【台灣高等教育出版社】

目錄 Introduction
Chapter 1 Status Quo of Trial Efficiency and Quality in China』s Civil Litigation
1 1 Status Quo of Trial Efficiency and Quality in China
1 1 1 Evaluation of Trial Efficiency
1 1 2 Evaluation Index of Trial Quality of Courts in China
1 2 Weights Setting of Judges』 Performance Assessment Indicators
1 3 Insufficient Trial Resources in Local Courts
1 3 1 Dramatically Increased Cases but Limited Quota Judges
1 3 2 Great Pressure on Judges
1 3 3 AI Making Up for the Shortage of Judicial Assistants
1 4 Loopholes of Internal Trial Supervision Brought by Judicial Accountability System
1 4 1 Court Leading Cadres Being Hesitant or Unwilling to Supervise
1 4 2 Defects of the New Case Assignment System
1 4 3 Other Dilemmas
1 5 Trialquality Ignorance of the Smart Court Construction in the Early Stage
1 5 1 Construction and Development History of Smart Courts
1 5 2 Applications of Artificial Intelligence in Smart Courts
1 5 3 The Goal Pursuit in the Early Stage of Smart Courts: Efficiency Orientation
1 6 Distrust on AI Participating in Trial: Based on a Questionnaire
1 6 1 Overview Information of Respondents and Investigation Methodology of the Questionnaire
1 6 2 Survey Results and Data Analysis
1 7 Conclusion
Chapter 2 Legal Reasoning and the Development of Court Intelligent Auxiliary Case Handling System
2 1 Development Goal: Promoting Trial Quality and Further Improving Trial Efficiency
2 1 1 General Goal of Trial Quality: Treating Similar Cases Alike
2 1 2 Subgoal 1: to Solve the Law Application Justification Problems
2 1 3 Subgoal 2: to Solve the Problem of Unifying「 Similar Cases」 Standard
2 1 4 Subgoal 3: to Solve the Problem in the Legal Reasoning Process
2 1 5 Other Subgoals
2 2 Selection of Research and Development Domain
2 3 Jurisprudence Basis and Model of Legal Reasoning
2 3 1 Deduction: RuleBased Reasoning
2 3 2 Nonmonotonic Logic and Defeasible Reasoning Model
2 3 3 Analogy: CaseBased Reasoning and KnowledgeBased Reasoning
2 3 4 Cooperative Paradigm Reasoning Model— Chinese Choice
2 4 Building the Intelligent Auxiliary Case Handling System for Road Traffic Accident Compensation Disputes
2 4 1 Building RuleBased Reasoning System
2 4 2 Building KnowledgeBased Reasoning Model
2 4 3 Establishment of Defeasible Reasoning Model
2 4 4 Construction of CaseBased Reasoning Model
2 4 5 Establishment of Intelligent Auxiliary Case Handling System
2 5 Conclusion
Chapter 3 Law Expectation and Due Process: From Perspective of Civil Litigation
3 1 Absence of Law Causing Legal Expectation of Intelligent Trial Failed
3 2 Embedding the Intelligent Auxiliary Case Handling System in Civil Procedure
3 2 1 ElementOriented Trial Mode Applied in Road Traffic Cases
3 2 2 Scope of the ElementOriented Court Trial Expanded to Complicated Cases
3 2 3 Different Judgment Reasoning Requirements in Summary and Formal Procedures
3 2 4 Embedding the Intelligent Auxiliary Case Handling System in Civil Procedures
3 3 Institutional Design of Intelligent Adjudication in the Civil Procedure Law
3 3 1 Substituting the Judge to Make Adjudication in Summary Procedure
3 3 2 Assisting the Judge to Make Adjudication in Formal Procedure
3 3 3 Compulsory Application of the IACHS in the First Instance Trial in the Selected Domain
3 3 4 Trial Responsibility Allocation
3 3 5 Application of IACHS in Appeal and Retrial Procedure
3 4 Dual Shaping of Due Process on the IACHS: Procedural Legitimacy and Substantive Legitimacy
3 4 1 Procedure Subjects: Role Separation
3 4 2 Subject』s Behavior: Time Requirements and Communication Rules
3 4 3 Procedure Result: Judgment Acceptability
3 5 Conclusion
Findings and Forward: the Judicial World of HumanMachine Collaboration
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