| 英文摘要 |
The datafication of societal life in the 21st century has become an undeniable reality, extending into the realm of justice and giving rise to its increasing algorithmization. This technological revolution presents significant challenges and complex risks, particularly within the field of criminal justice. We are witnessing an unprecedented hybridization of judicial processes: human actors and machines now interact within legal systems, with algorithms assisting judges, prosecutors, attorneys, and other legal professionals. Initially conceived as tools to enhance human decision-making, these technologies are progressively shifting toward the substitution of human agency within the administration of justice. This transformation raises a pressing and provocative question: will the pursuit of so-called“Smart Justice”ultimately lead to the displacement of human actors in legal adjudication and procedure? This article explores the penetration of digital technologies into the justice system—focusing especially on criminal justice—and critically examines their impact on foundational legal concepts, principles, and procedural norms, highlighting a growing trend toward the automation of functions traditionally regarded as inherently human. |
