Notes on China's Grand Design of People's Smart Courts

China is unique in its construction of a “smart-courts” system within the broader context of information and communications technology (ICT) revolution.
Adoption of ICT by courts is influenced by directives from the party-state rather than being a court-led initiative.
Observations:
- ICT, particularly artificial intelligence (AI), is used for enhancing hierarchical control and improving the formal quality of law.
- Internet courts focus on disputes from online transactions rather than serving as piloting courts for future court designs.
The interaction between law and technology is profound, and the role of technology is determined by human design and efforts.

Reference to a 1955 science fiction story "The Cyber and Justice Holmes" about a judge, Wahlfred Anderson, who initially opposes machines in the courtroom but changes his perspective after a compelling experience.
The narrative emphasizes the transition from viewing machine intelligence as a threat to recognizing its potential to liberate human judges, allowing them to exercise empathy and creativity.
Introduction of AI is increasingly evident, with smart devices generating massive amounts of data, leading to the automation of tasks that traditionally required human intelligence.
For example, the US Court of Appeal case Lola v. Skadden demonstrates the shifting boundaries where tasks traditionally viewed as legal practices are now undertaken by machines.
China’s intelligent court project (SCP) emerges in this context, with the objective of modernizing the judiciary without traditional resistance due to a lack of longstanding legal practices in the country.

China as an active socialist state is constitutionally mandated to promote modernization across various sectors, spearheaded by technocrats.
Significant historical push towards ICT adoption initiated by leaders including Li Keqiang advocating for the computerization of legal works dating back to the 1980s.
The introduction of a piloting intranet in 1995 marks the beginning of serious informatization efforts in Chinese courts.
Establishment of the National Leading Team on Informatization in 2001 to guide the ICT development efforts across various governmental sectors.
Recent policy documents such as "Made in China 2025" highlight the ambition to lead in AI technologies by 2030, demonstrating a coordinated approach towards ICT integration in governmental operations.
By June 2019, China had 854 million internet users, with significant urban-rural disparities in access.

Steps in the informatization of the judiciary include:
1. Construction of an e-government framework.
2. Digitalization of governmental information, extending to court decisions.
3. Design of algorithms for data handling, analysis, and integration with everyday legal processes.
4. Development of an Internet of judicial things connecting various elements.
Introduction of large-scale databases for judicial transparency, accessibility, and efficiency, including the China Court Documents Online and the China Justice Big Data Service Platform.
These platforms are tools for transparency, judicial management efficiency, and data for machine learning applications in judicial analysis.

Due to strong governmental support, collaborations between the public sector and private tech companies have blossomed in the judicial tech space.
The 206 Project serves as a notable example, integrating resources from companies like iFlytek, facilitating solutions for court staff and judges.
Many tech firms, including Alibaba and Tencent, are heavily involved in developing technological infrastructure that supports the smart courts initiative.

Projects are initiated to engage a broad spectrum of society in the construction of an ICT-augmented judicial system.
The government drives funding and partnerships among educational institutions and courts, resulting in the incorporation of various research outputs directly into smart courts.
Different regions in China develop targeted systems according to their jurisdictions, creating a cooperative learning environment in judicial innovation.

The hierarchical structure of the Chinese judiciary affects how technology is implemented for organizational efficiency.
Smart technologies reinforce hierarchical control through precise case allocation and performance evaluation.

Recent reforms have reduced the number of judges, heightening the importance of effective case distribution supported by AI systems, utilizing multiple parameters for case and judge evaluation.

Judicial performance is evaluated using actuarial models to assess judges based on their workload, performance, and case complexity, ensuring accountability within the system.

A focus on internal judicial accountability includes utilizing platforms that allow judges to reference similar cases in their decisions, necessary for maintaining professional standards and minimizing liability.

The Like-Cases Recommendation System (LCRS) is pivotal in transforming Chinese judicial decision-making, enhancing formalism through algorithmic analysis rather than strict adherence to precedent.
AI is poised to influence judicial methodology as algorithms find patterns in data rather than strictly following previous decisions.

Treating similar cases similarly helps to ensure equality, predictability, and integrity in judicial outcomes.

TADRS in Sichuan exhibits practical application of AI to streamline decision-making in traffic-related legal disputes, blending legal standards with factual data effortlessly.

The 206 System expands the capabilities of judges through AI, identifying and evaluating evidence automatically, making the criminal justice process faster and more efficient.

Internet courts are designed to handle specific types of online disputes, focusing on a limited jurisdiction that does not disrupt existing court systems.

The types of cases handled by Internet courts include contract disputes, copyright violations, tort claims, and other internet-related matters.

Utilizing new legal interpretations, courts have developed doctrines for unique cases arising from online transactions, reflecting the adaptability of the legal system to technological advancements.

Blockchain technology exhibits innovative approaches to evidence preservation and court operations, including partnerships with local organizations to strengthen digital evidence infrastructure.

China’s approach towards ICT in the judiciary offers a contrast to other nations by utilizing technology to reinforce rather than undermine judicial formality.
The algorithmic approaches are designed to maintain judicial consistency while allowing for innovations that adapt to modern challenges.
Despite advancements, there is caution about the over-reliance on technology leading to loss of human judgment and accountability.
A sustainable balance between technological advancement and human oversight is essential to ensure that judicial systems maintain ethical and moral integrity.