News scritte da Zhang Qian

News scritte da Zhang Qian

Zhang Qian

Current state, development and peculiarities of Chinese Smart Courts
28.02.2024

Feb

28

The problems of access to justice and the burden on the judiciary remain one of the
priorities of judicial reforms in different jurisdictions today. The causes of the crisis in the
functioning of the judicial system are characterised by significant similarities in most countries of
the world, but the approach to solving such a crisis, applied in the implementation of judicial
reform in China, was truly a breakthrough in nature. This fact and the fact that the speed of
development of the latest technologies determines the need to discuss the digitalisation of courts
as an ongoing process, defining the necessity of the study of foreign experience. The research aims
to examine the establishment of the Smart Court system in China and determine, based on Chinese experience, the advantages, and risks of the digitalisation of the court system. Various
methods of scientific research (analysis, synthesis, comparative-legal, prognostic, historical) are
used to study the prerequisites of creation and the process of formation of the Chinese Smart
Court system characteristic of the Chinese judicial system, to identify its main stages, to determine
the positive and negative consequences of the introduction of the Smart Court system for the
implementation of justice and its impact on the functioning of the justice system. Based on the
study, risks of technical, organisational, social, and political nature are highlighted. The risks
specific to the Chinese justice system are highlighted. Assessments of the digitalisation of the
judicial system expressed in the legal literature are studied. It is proposed to distinguish between
technical and intellectual levels of digitalisation. As a result of the study, the author defines the
criteria that can be used in practice when making decisions in the field of digitalisation of the
judicial system: minimising the influence of the human factor on the functioning of the code,
independence of judges in decision-making, including from the opinion of artificial intelligence,
taking measures to reduce the digital divide.

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