Editor’s Note: The Fourth Seminar of the International Commercial Expert Committee of the Supreme People’s Court and Reappointment (New appointment) Ceremony of Expert Members was held successfully on September 25, 2024. Over 40 experts from more than 20 countries and regions focused on the theme of the “Collaborative Dialogue, Diverse Integration, Peaceful Development” during the seminar. Extensive and in-depth discussions were held within the framework of four specific issues. The texts of speeches delivered by the members of expert committee and distinguished guests during the discussion session on Topic Four Innovation in digital era: AI’s application in dispute resolution and its outlook would be posted on the CICC’s website.

Chinese court’s practices of modernizing the judicial system and judicial capacity empowered by Artificial Intelligence

DU Weike

Deputy Chief Judge of the Intellectual Property Court of the SPC

The integrated development of artificial intelligence and China’s judicial practice promotes each other, providing significant opportunities and a solid foundation for the modernization of the judicial system and judicial capacity of Chinese court.Today, we will discuss the issues surrounding the application of artificial intelligence in the judiciary. For China, according to a recent report by the World Intellectual Property Organization (WIPO), China ranks first in patent applications related to artificial intelligence, making it one of the world’s leading contributors to AI technology.

1. Strengthen the top-level design and improve the legal governance framework of artificial intelligence development and application in China

The application of artificial intelligence in the judiciary is just one aspect of the broader development and application of AI, as the advancement of AI technology is rapid and empowering numerous industries. The use of AI in the judicial system involves specific scenarios and issues. To understand the development of AI in China, particularly its application in the judiciary, I will first introduce the national-level layout and considerations for the development of artificial intelligence.

In 2017,the State Council  issued The Guideline on developing the new generation of artificial intelligence.This guideline stipulates: “promote the application of artificial intelligence in evidence collection, case and documents analysis.” On July 14,2023, the Cyberspace Administration of China (CAC) of China and some other departments issued the Interim measures for Generative Artificial Intelligence service management, which is the main institutional arrangement to promote the development and standardized application of generative artificial intelligence in China at the present stage.

On July 18,2024, The Resolution of the Central Committee of the Communist Party of China (CPC) on Further Deepening Reform Comprehensively to Advance Chinese Modernization was adopted at the third plenary session of the 20th CPC Central Committee, which stipulates: “improve the policy and governance systems for promoting the development of strategic industries such as next-generation information technology, artificial intelligence......improve the mechanisms for developing and managing generative artificial intelligence......strengthen the cyber security system and institute oversight systems to ensure the safety of artificial intelligence.” At the beginning of 2024, “AI + ” was introduced into China’s Government Work Report. Undoubtedly, these central decision-making documents will have a significant impact on the people’s courts in developing and applying artificial intelligence.

On October 18,2023,President Xi announced that China will put forward the Global Initiative for Artificial Intelligence (AI) Governance in his keynote speech at the opening ceremony of The Third Belt and Road Forum for International Cooperation, demonstrating China’s leading role in global AI governance.  China has always attached great importance to the governance of AI. China insists on the equal emphasis on development and security, and continuously strengthens research on AI-related legal, ethical, moral, and social issues. On July 1,2024, the 78th session of the UN General Assembly unanimously adopted the resolution on enhancing international cooperation in the capacity building of AI,which was proposed by China and co-sponsored by over 140 countries.On July 4, the 2024 World AI Conference and High-level Meeting on Global AI Governance adopted the Shanghai Declaration on Global Governance of Artificial Intelligence.

2. To promote full integration between the artificial intelligence and judicial capacity

The Supreme People’s Court attaches great importance to the application of artificial intelligence and other cutting-edge technologies in judicial practice, adheres to the theme of “justice and efficiency”, and consistently promoting integration between the artificial intelligence and judicial capacity.

First, we improved the institutions and mechanisms to promote innovation. This includes establishing specialized trial institutions such as the Supreme People’s Court Intellectual Property Tribunal, intellectual property courts, and internet courts, which handle cases involving artificial intelligence, data, and the internet, serving the innovation-driven development strategy. Some basic-level courts have already handled cases involving copyrights and unfair competition disputes related to artificial intelligence technology. The Supreme People’s Court Intellectual Property Tribunal has also heard cases concerning AI patents.

Second, we will refine our system to meet the new challenges emerging in AI age. The application of artificial intelligence technology will inevitably integrate with a series of technologies including the internet and data. In recent years, the Supreme People’s Court has steadily advanced institutional construction in the development of smart courts, particularly regarding online litigation. The Supreme People’s Court has issued the Online Litigation Rules of the People’s Court, the Online Mediation Rules of the People’s Court, the Online Operation Rules of the People’s Court and the Opinions of the Supreme People’s Court on Strengthening the Judicial Application of Block chain. In 2022, the Supreme People’s Court issued the Opinions on Regulating and Strengthening the Application of Artificial Intelligence in Judicial Fields. In our judicial practice, the use of blockchain technology for evidence collection and submission is no longer uncommon.

Third, we made steady progress in the application of AI based on the following principles: (1) attach equal importance to development and safety, and ensure the safety, reliability, controllability and fairness of AI development and application process. (2) adhere to the principles of being human-centered  in developing AI, with the goal of increasing the wellbeing of humanity, to ensure that the people feel fairness and justice in every judicial case.

Here, I will introduce two specific examples. One is in the judicial protection of copyright. The era of AI in copyright judicial protection has arrived. On April 22, 2024, the Supreme People’s Court held a launch ceremony for the ‘Copyright AI Smart Trial’ pilot project, marking the formal involvement of AI in the core aspects of copyright judicial proceedings. In this pilot project, AI is mainly used to address two issues during the handling of copyright cases: one is the analysis and determination of copyright ownership; the other is providing auxiliary work for infringement identification and comparison.

A more comprehensive application is found in the Shenzhen courts. On June 28, 2024, the artificial intelligence-assisted trial system developed by the Shenzhen Intermediate People’s Court was put into operation, which covers 85 procedures of trial. We observe that the judgments generated regarding intellectual property or certain fields are, objectively speaking, of no lesser quality than those written by less experienced judges, as the data often includes typical cases and guiding cases released by the Supreme People’s Court. In terms of analyzing and reasoning in judgments, this system has reached a fairly high level. Throughout this process, it is crucial to emphasize the full respect for the decision-making authority of judges, with every final judgment necessarily being made by a judge. In other areas of intellectual property, we are also actively exploring the more proactive use of artificial intelligence technology to assist judges in handling cases and to better protect innovation through innovative means.