中国司法鉴定Issue(5)：1-10,10.DOI:10.3969/j.issn.1671-2072.2024.05.001
人工智能参与生成鉴定意见的程序法机理及方案
Participation of Artificial Intelligence in the Procedural Mechanism of Generating Appraisal Opinions and Its Solutions
摘要
Abstract
The generative artificial intelligence represented by Sora and ChatGPT has been further integrated with criminal justice,and exploring the deep participation of artificial intelligence in the field of forensic appraisal has achieved initial results,while new problems have been exposed.Traditional appraisal opinions generation model with expert and experience as the center is susceptible to cognitive bias,and algorithms and data as the center of artificial intelligence participation in the generation of appraisal opinions can effectively overcome the cognitive bias.With artificial intelligence acting as an examiner and the appraiser as a"situational manager",the reliability of appraisal opinions and the efficiency of forensic appraisal will be enhanced.It's necessary to prevent the possible new problems,such as"algorithm black box"and"algorithmic bias",in the application of generative artificial intelligence in forensic appraisal,and to prevent falling into the"new doctrine legal evidence"of the digital age.Firstly,the man-machine relationship of"the appraiser as the main body,and the machine as the auxiliary"should be established.It is necessary to clarify that the appraiser is responsible for the review and supervision of the algorithm's participation in the generation of appraisal opinions.Secondly,a data specification and traceability mechanism should be established to prevent the"source pollution"of the algorithmic model learning content.Finally,as to the disclosure and effective review of the algorithms,a feasible solution is to build an independent algorithm review committee and an algorithm review hearing procedure,in order to cushion the conflict between the requirement for public scrutiny of algorithms and the protection of commercial interests.关键词
人工智能/鉴定意见/认知偏见/对质权/算法审查听证Key words
artificial intelligence/appraisal opinion/cognitive bias/the right to cross-examination/algorithm review hearing分类
社会科学引用本文复制引用
张栋,陈修勇..人工智能参与生成鉴定意见的程序法机理及方案[J].中国司法鉴定,2024,(5):1-10,10.基金项目
国家社科基金重点项目(24AFX025). （24AFX025）
