The paper analyses whether and to what extent AI-assisted judicial decision-making systems uphold the fundamental values that underpin the exercise of judicial discretion. As China is at the forefront of developing systems to simulate judicial thought, the paper explores this issue through the lens of China “smart court”. Beginning by considering how AI-assisted judicial decision making differs from traditional human judicial decision-making, the paper progresses to identify areas of legal concern as to the use of AI in judicial decision-making. Building on this analysis, the paper progresses to examine the use of AI in the China smart court system, including the “automated reason-generation framework” and “deviation analysis” adopted in the smart courts of China. The paper concludes by suggesting that the use of AI in judicial decision-making needs to appropriately calibrate the efficiency gains of automated processes with the need to maintain transparency and accountability, avoid bias and ensure a fair process.
International Journal of Law, Ethics, and TechnologyAd Frontieras Iuris et Scientiarum: Inclusio, Innovatio, Progressio