Should the Common Law System Welcome Artificial Intelligence? A Case Study of China’s Same-Type Case Reference System
China has recently embraced a national use of “big data” through the implementation of judicial reforms that utilize new technology. These technological reforms have turned China’s judicial system into one closely resembling a common law system. Because of this, China’s use of artificial intelligence (AI) in the judicial setting provides a case study for general implementation of AI in common law systems.
Dr. Jinting Deng is an Associate Professor in the School of Law, Renmin University of China, a Researcher at the Research Center for Criminal Justice at Renmin University of China, and a Researcher at the Law and Technology Institute at Renmin Law School. Her research areas include anti-corruption, the judicial system, evidence, and comparative law. The article is funded by “National Key R&D Program of China”, 2018YFC0830905. The author would like to thank Professor Pinxin Liu for his help in carrying out the interviews and field observations and thank Professor Pinxin Liu, Professor Zhicheng Dou, Professor Xuejun Li, Mr. Jianyue Zhang, and all interviewed prosecutors, judges, and software designers for their valuable insights and comments during the drafting of the article. The author is grateful for all the comments and edits offered by the reviewers and the editors. All views and errors are the author’s alone.