Social Sciences in China (Chinese Edition)

No.2, 2021

Inclusive Regulation of Artificial Intelligence in Criminal Justice

(Abstract)

Li Xunhu

Although the artificial intelligence (AI) of China’s criminal justice leads the world, problems such as data monopoly, algorithmic black boxes, and arbitrary application scenarios have been exposed. In order to resolve these problems in a scientific way as well as the legality challenges, legitimacy concerns and ethical risks underlying them, we need to overcome traditional way of thinking, innovate our regulatory models, introduce the concept of technology empowerment and technological due process, and implement inclusive regulation of AI in criminal justice so as to achieve coordination between development and regulation. The deep integration of human rights protection in criminal justice and human-centered AI form the concept of technology empowerment, which can provide macro guidance at the conceptual level for the research and application of artificial intelligence in criminal justice. Technological due process, which is based on the traditional due process, can regulate the process of AI applications for the openness of judicial data, enhance the transparency of algorithms, and promote the establishment of an AI accountability mechanism in criminal justice. The application of data-driven judicial AI will influence the judicial structure and governance mode and have the effect of reshaping judicial operations, gradually forming a new model of judicial governance with man-machine collaboration. In the future, we should uphold the concept of human-centeredness and the idea of technological empowerment, reshape our value orientation and code of conduct under the new configuration of man-machine relations, and pursue the values of legal fairness and justice, in hopes of building a new pattern of man-machine collaborative judicial governance.