Ni Bin

(Henan Vocational College of Judicial Police Officers,Zhengzhou,Henan 450000)

Abstract:At present,there are "two kinds of discourse" between big data and artificial intelligence in judicial application,which causes the discourse conflict between judicial knowledge and technical knowledge outside the judicial field,it mainly reflected in the conflict between professional discourse and technical discourse.Then,how to adjust and explain this conflict,promote the deep integration of technical knowledge and professional knowledge,and make clear the boundary between technology and professional knowledge,is the problem that we need to focus on.

Key words:artificial intelligence;big data;legal risk

China has fully entered the information era.Big data and artificial intelligence technology have been applied in various industries.In terms of judicial application,although big data and artificial intelligence inherit some characteristics of traditional judicial informatization,they have more profound technicalities.At present,there are "two kinds of discourse" between big data and artificial intelligence in judicial application,which causes the discourse conflict between judicial knowledge and technical knowledge outside the judicial field,mainly manifested as the conflict between professional discourse and technical discourse.Then,how to adjust and explain this conflict,promote the deep integration of technical knowledge and professional knowledge,and make clear the boundary between technology and professional knowledge,is the problem that we need to focus on.

I.The Discourse Conflict Background between Big Data and the Judicial Application of Artificial Intelligence

With the proposal and deepening of "comprehensive supporting reform of judicial system" in China,the application of big data and artificial intelligence technology has become one of the main ways to promote judicial reform;Big data and artificial intelligence technology have been widely applied in many judicial work,such as promoting judicial cases,early warning of different judgments in the same case,sentencing assistance,false lawsuit identification and automatic generation of judgment documents.They have innovated working methods in the judicial field and promoted the modernization and intelligent development of the judicial field.

However,in the process of judicial application of big data and artificial intelligence technology,there are differences between the construction of intelligent justice and the construction of traditional judicial information.In view of this situation,all sectors of society have expressed different opinions and ideas,forming an obvious "discourse conflict".In the system of"knowledge-power-discourse",discourse conflict is mainly caused by the knowledge and technology conflict generated by the intervention of science and technology in the judicial field[1].

II.Discourse Conflict between Big Data and Judicial Application of Artificial Intelligence

(i)The Positive Discourse of Big Data and the Judicial Application of Artificial Intelligence

After the proposing of“comprehensive and supporting reform of the judicial system”,various forces have expressed that science and technology play a key role in the overall development of society,therefore,it is necessary to adhere to "science and technology guiding,information supporting" and take modern science and technology as the main strategic means for the construction of political and legal work,so as to enhance the core work force of modern social political and legal organs and realize the cross-era development and leap[2].

The positive discourse publishers believe that big data and artificial intelligence technology have significant application advantages in the judicial field,and present different discourse expressions in different industries.For example,artificial intelligence technology can process relevant events in a short time,which the human brain cannot do;artificial intelligence systems can accurately calculate all the possibilities and so on.In addition,some people believe that the judicial field is very suitable for the application and development of artificial intelligence technology,and there are relevant discourses,such as judicial work is suitable for artificial intelligence technology;judicial field and artificial intelligence technology have the same characteristics—justice,perfection,procedural,rejection of prejudice and so on.In the process of applying big data and artificial intelligence in the judicial field,positive discourse gives them high evaluation.They believe that big data and artificial intelligence technology can promote the development of the judicial field,improve the credibility of political and legal work,and contribute to the construction of clean government and legal work.

(ii)Negative Discourse on Big Data and Judicial Application of Artificial Intelligence

Compared with the positive discourse on the judicial application of big data and artificial intelligence technology,the negative discourse presents a completely different view,and more of it is to have a negative,skeptical,negative attitude.In the negative discourse,it can be divided into three different discourse expressions:negative discourse,doubtful discourse and contradictory discourse.

Firstly,some political and legal workers do not regard science and technology as an effective scientific and technological tool to solve work problems,assist work and improve work efficiency.Some political and legal personnel even think that judicial intelligence "has nothing to do with their own",that the construction of judicial intelligence belongs to the work of the information department,it is the responsibility of the management department and shows a negative attitude in thought and an attitude of "not active,not positive,not rejective,not supportive and not learning"in behavior,and firmly believes that "without intelligent technology,we can still handle cases"[3].

Secondly,the application of judicial big data and artificial intelligence technology is mainly guided by the technical departments of various regional courts at present,and the participation degree of the business departments is relatively low.Therefore,most of the staff in the business departments do not realize the important value of big data and artificial intelligence technology in the judicial field.

Finally,some political and legal personnel have deep-rooted traditional ideas and cannot accept the fact that artificial intelligence and big data are helpful to judicial work in a short time.And the artificial intelligence technology itself has a certain supervisory effect,which is easy to cause staff's resistance.

III.Basic Interpretation of the Discourse Conflict between Big Data and the Judicial Application of Artificial Intelligence

(i)Analyzing the Symbiotic Relationship between“Knowledge”and“Power”from the Perspective of Theory

In the system of“knowledge-power-discourse”,“knowledge”and“power”are inextricably linked.From the perspective of traditional working thoughts,“power”is the channel for ruling,while“knowledge”is the channel for pursuing truth.Therefore,“knowledge”can only exist in the field where“power”does not exist and give full play to its effectiveness freely.However,this idea is not in line with the actual situation;Foucault believes that"power generates knowledge" and "knowledge" can be fully developed in the form of "power".If "power" and "knowledge" are combined,they can contain and promote each other.To interpret the discourse conflict between big data and artificial intelligence in judicial application from this perspective,it can be seen that the judicial field needs the existence of“knowledge”such as big data and artificial intelligence so as to promote forming a virtuous circle of mutual promotion between science and technology and the judicial field,and scientifically expand the power of judicial work and strengthen the functions of judicial work through big data[4].

(ii)Analyzing the Symbiotic Relationship between Discourse and“Knowledge”from the Perspective of Theory

In the system of“knowledge-power-discourse”,there is a symbiotic relationship between discourse and“knowledge”.From a certain perspective,discourse is the presentation of“knowledge”through language and a product of“knowledge”;on the other hand,discourse can construct and shape“knowledge”,Foucault once pointed out that“discourse practice will constitute a certain scientific knowledge according to certain rules,and discourse is an indispensable element to establish scientific knowledge”.This shows that“knowledge”is constructed by discourse and has certain rationality.Therefore,it can be proved that the current discourse conflict is closely related to the generation and development of big data,intelligence and other knowledge,and discourse conflict can promote the progress and improvement of big data,artificial intelligence and other knowledge systems to a certain extent.

(iii)Analyzing the Mutual Achievement Relationship between“Power”and Discourse from the Perspective of Theory

In the system of“knowledge-power-discourse”,the relationship between“power”and discourse is mutual foundation and mutual achievement.From a certain point of view,“power”can manipulate discourse to a certain extent,and the generation of discourse requires certain external environment and objective conditions.“Power”can formulate procedures and select topics,which is the basis of discourse formation.In addition,discourse can also form“power”,so the relationship between“power”and discourse is mutual.Combined with the current discourse conflict,it can be seen that the two different discourse forms are the mainly expression between two kinds of power,it is an inevitable phenomenon and contradiction generated by a new social thing[5].

(iv)The Close Connection between Judicial Discourse,Artificial Intelligence and Big Data Discourse

The so-called discourse conflict between big data and artificial intelligence in judicial application is the two attitudes and expressions between professional knowledge in the judicial field and professional discourse in the field of science and technology.The progress of science and technology promotes certain changes in the judicial field,and the change of the status of science and technology in the judicial field leads to the current "discourse conflict",which forms two different discourse forms.In reality,the application of science and technology restrains the judicial system to some extent,thus causing a series of discourse conflicts.

IV.Conclusion

To sum up,the nature of discourse conflict between big data and AI in judicial application is the discourse conflict between the field of professional knowledge and the field of science and technology,which is mainly reflected in the two discourse forms of positive and negative discourse between big data and AI in judicial application.In the face of the current discourse conflict,researchers can proceed from the angle of theory,seriously analyze the relationship between“knowledge”,“power”and discourse,correctly recognize the symbiotic relationship between“knowledge”and“power”,the symbiotic relationship between“discourse”and“knowledge”,and the mutual achievement relationship between“power”and“discourse”.It is also necessary to recognize the close connection between judicial discourse,artificial intelligence and big data discourse and reasonably explain such discourse conflicts.