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학술논문법과정책2025.12 발행

On the Framework, Logic, and Approach of Judicial Intelligent Review in Chinese Arbitration

On the Framework, Logic, and Approach of Judicial Intelligent Review in Chinese Arbitration

FUYONG ZHU(Leader); Meiqi You(Southwest University of Political Science and Law)

31권 3호, 307~355쪽

초록

The intelligent judicial review of arbitration represents a critical frontier in the digital transformation of the judiciary. However, its practical implementation is consistently challenged by a fundamental tension between technological rationality and legal rationality. Technology pursues efficiency gains and process standardization, yet it risks falling into the trap of “algorithmic rigidity.” Conversely, the law upholds case-specific justice and value-based balancing, but must simultaneously address the efficiency demands of handling massive caseloads. In response to this tension, the paradigm of “dual-driven by rule of law and data logic” is proposed to bridge the value-logic divide. Grounded in Complex Adaptive Systems theory, a dynamic balancing mechanism is constructed. This involves a two-pronged approach: first, the algorithmic translation of legal rules, achieving rigid constraints through the formal reconstruction of norms; second, the algorithmic representation of judicial experience, which converts the tacit knowledge inherent in judges’ discretion, thereby endowing the system with flexible adaptability. This ensures a deep alignment between the system and judicial practice through the co-evolution of technological iteration and institutional refinement. A rule-of-law-based normative framework is essential to delineate the boundaries of intelligent review, preventing technological overreach. Multi-modal reasoning technologies are leveraged to enhance the system's adaptability to complex cases, thereby avoiding mechanical adjudication. Furthermore, a collaborative governance ecosystem that consolidates expertise from the judiciary, technology sectors, and academia is crucial for guaranteeing the system’s sustainable development. Ultimately, this approach optimizes the human-machine collaboration paradigm of “technology assistance rather than replacement.” It achieves a profound integration of value-oriented guidance and technological innovation, constructing a novel review system that is both highly efficient and equitable. This provides solid theoretical underpinning and a pragmatic, actionable pathway for the digital transformation of the judiciary, demonstrating how technology can be harnessed to serve, not subvert, the core principles of justice.

Abstract

The intelligent judicial review of arbitration represents a critical frontier in the digital transformation of the judiciary. However, its practical implementation is consistently challenged by a fundamental tension between technological rationality and legal rationality. Technology pursues efficiency gains and process standardization, yet it risks falling into the trap of “algorithmic rigidity.” Conversely, the law upholds case-specific justice and value-based balancing, but must simultaneously address the efficiency demands of handling massive caseloads. In response to this tension, the paradigm of “dual-driven by rule of law and data logic” is proposed to bridge the value-logic divide. Grounded in Complex Adaptive Systems theory, a dynamic balancing mechanism is constructed. This involves a two-pronged approach: first, the algorithmic translation of legal rules, achieving rigid constraints through the formal reconstruction of norms; second, the algorithmic representation of judicial experience, which converts the tacit knowledge inherent in judges’ discretion, thereby endowing the system with flexible adaptability. This ensures a deep alignment between the system and judicial practice through the co-evolution of technological iteration and institutional refinement. A rule-of-law-based normative framework is essential to delineate the boundaries of intelligent review, preventing technological overreach. Multi-modal reasoning technologies are leveraged to enhance the system's adaptability to complex cases, thereby avoiding mechanical adjudication. Furthermore, a collaborative governance ecosystem that consolidates expertise from the judiciary, technology sectors, and academia is crucial for guaranteeing the system’s sustainable development. Ultimately, this approach optimizes the human-machine collaboration paradigm of “technology assistance rather than replacement.” It achieves a profound integration of value-oriented guidance and technological innovation, constructing a novel review system that is both highly efficient and equitable. This provides solid theoretical underpinning and a pragmatic, actionable pathway for the digital transformation of the judiciary, demonstrating how technology can be harnessed to serve, not subvert, the core principles of justice.

발행기관:
법과정책연구원
DOI:
http://dx.doi.org/10.36727/jjlpr.31.3.202512.011
분류:
기타법학

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On the Framework, Logic, and Approach of Judicial Intelligent Review in Chinese Arbitration | 법과정책 2025 | AskLaw | 애스크로 AI