数字时代司法责任伦理之守正

在数字化浪潮下,司法活动呈现出"去责任化"的趋势,具体表现为责任感的缺失和责任推诿的加剧,因而亟待法学界对司法责任伦理予以革新。数字技术导致司法责任消解的机理是复杂和多元的,主要源于其兼具权威性与非权威性、确定性与不确定性、机械性与能动性等多重面孔。当前我国司法工作中的数字技术主要被应用于证据指引系统、风险评估工具、在线诉讼平台的开发等事项上,这些领域也是司法责任伦理冲突最为激烈的场域。数字时代应当坚守人本主义司法责任伦理,准确界定机器、技术人员、系统部署者与司法官的责任框架,在拥抱技术的同时树立科学的责任观,借助数字技术建立和完善符合时代特征的司法责任体系。

Adherence to the Ethics of Judicial Responsibility in the Digital Age

Under the wave of digitalization,judicial activities have shown a trend of irresponsibility,which is manifested in the lack of responsibility and the intensification of responsibility shirk.Therefore,reforming the ethics of judicial responsibility is urgently needed.The mechanism of digital technology leading to the dissolution of judicial responsibility is complex and diverse,mainly due to its multiple faces,such as double authority and non-authority,certainty and uncertainty,mechanicality and initiative.The current digital technology in China’s judicial work is mainly used in matters such as the developments of evidence guidance systems,risk assessment tools and online litigation platforms.These are also areas where the ethical conflicts of judicial responsibility are the most intense.In the digital age we should adhere to the humanistic judicial responsibility ethics.It is necessary to accurately define the responsibility framework of machines,technicians,system deployers and judicial officers.Reformers and judicial officials should establish a scientific view of responsibility while embracing technology and use digital technology to establish and improve a judicial responsibility system that conforms to the characteristics of the digital age.