Hidden Ethical Risks of Judicial Algorithms: Deconstruction  and Regulation Based on Empirical Data from Courts in Three  Provinces

Jinbo Ma

doi:10.64649/yh.fss.2025030008

Hidden Ethical Risks of Judicial Algorithms: Deconstruction and Regulation Based on Empirical Data from Courts in Three Provinces

期刊: 《Frontiers of social sciences》 DOI:10.64649/yh.fss.2025030008 PDF下载

Jinbo Ma

Gannan Normal University; Ganzhou,Jiangxi Province

摘要

At present, the judicial field is increasingly relying on intelligent algorithms, and hidden ethical risks are emerging in this process. However, existing research mostly remains at the theoretical speculation level. Judicial adjudication is highly closed and specialized, while judicial algorithms have high complexity and uncertainty risks. The in depth integration of judicial algorithms and judicial adjudication requires the restructuring of judicial transparency, judicial accountability, and judicial credibility based on impact assessment. The judicial algorithm impact assessment system can promote the sound development among the functions of judicial algorithms, judicial goals, the input costs of judicial algorithms, judicial effects, the transparency of judicial algorithms, and public trust. This study innovatively uses the “experiment observation - verification” three - dimensional research method. Fifteen grassroots courts in Zhejiang, Guangdong, and Henan provinces were selected to conduct a 20 - month (from March 2022 to October 2023) controlled experiment. Full - process data of 12,687 criminal cases were collected. At the same time, combined with 300 hours of judges’ work records and 826 follow - up questionnaires of parties, this study systematically conducted a quantitative analysis of the hidden erosion of judicial ethics caused by algorithms for the first time.

关键词

Judicial Algorithms; Hidden Ethical Risks; Empirical Deconstruction; Controlled Experiment; Human - Machine Liability

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