On Legal Reasoning Dilemmas of Digital Justice & Its Legal Response
Abstract: Digital justice is the result of artificial intelligence technology deeply empowering the judiciary, and its corresponding legal reasoning structure includes rule-based deductive reasoning, factual evidence reasoning, and case-based analogical reasoning. However, the operation of digital justice faces multiple methodological dilemmas, such as the inability to algorithmic the argumentative premise of legal reasoning, the inability to dataize the legal construction of case facts, the difficulty in standardizing the similarity determination of cases, and the incomplete dissolution of the application space of substantive legal reasoning. From the perspective of solving the dilemma of legal reasoning, the development of digital justice should obtain legal legitimacy and determine corresponding strategies that are in line with the characteristics of justice itself. In this regard, it is necessary to adhere to a decision-making mechanism that meets the requirements of judicial dialogue, reserve necessary space for judges to exercise discretion, establish objection procedures for similar case judgments, enhance the certainty orientation of intelligent judgments, and introduce positive constraints from judicial ethics. Returning to the judicial duties of judges and the handling of specific cases by courts is the true path to achieving digital justice.
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