The Impact of Artificial Intelligence on Legal Theory and Practice: Research Insights from Chinese Scholars

DOI: https://doi.org/10.62517/jel.202414617

Author(s)

Yuzhi Zhao1, Jinsong Kuang2,*, Yongqing Feng3,*, Bo Shi4

Affiliation(s)

1Beijing Dacheng (Harbin) Law Firm, Harbin, Heilongjiang, China 2College of Economics and Trade, Hunan University of Technology and Business, Changsha, Hunan, China 3Guizhou University of Finance and Economics, Guiyang, Guizhou, China 4School of Academy for China’s Rule of Law, East China University of Political Science and Law, Shanghai, China *Corresponding Author.

Abstract

With the rapid development of artificial intelligence (AI) technology, especially large models and generative AI, a profound transformation has been demonstrated by the application of AI in the realm of jurisprudence. Under gradually penetrating to multiple levels such as judicial adjudication, legal services, jurisprudence research and education, AI has also transformed traditional jurisprudence into intelligence and automation. AI has improved the accuracy and efficiency of judicial decisions through data analysis and machine learning, promoting the workflow intelligence in legal services, which innovated teaching models in legal education. However, issues still occurs in the application of AI such as technical implementation, legal basis, ethical challenges, and legal regulations, in terms of algorithmic bias, transparency, and interpretability in especial. Thus, this paper will review the application advances of AI in the field of jurisprudence, analyze the changes and challenges brought and the future development, so as to provide a reference for related researches.

Keywords

Next-Generation Artificial Intelligence; Legal Theory; Legal Practice; Research Insights

References

[1] Wang Lusheng. From evolution to revolution: The legal industry under the influence of ChatGPT technology. Oriental Jurisprudence, 2023, (04): 56-67. [2] Khan A, Jiliani MAH S. Expanding the Boundaries of Jurisprudence in the Era of Technological Advancements. IIUMLJ, 2023, 31: 393. [3] Guo Song, Liu Lu. In-depth description and reflection on the digital construction of China's judicial system - Introduction to "China's Picture of Digital Justice". Journal of Sichuan Normal University (Social Science Edition), 2024, 51(05): 195-198. [4] Wei Bin. Legal reflection and response to smart justice. Politics and Law, 2021, (08): 111-125. [5] Gao Yanan, Lang Ping. Exploration of practical approaches to cultivate artificial intelligence legal talents in Chinese law schools. Chinese Higher Education Research, 2024, (11): 37-44. [6] Kerdvibulvech C. Big data and AI-driven evidence analysis: a global perspective on citation trends, accessibility, and future research in legal applications. Journal of Big Data, 2024, 11(1): 180. [7] Liu Zhuang. Illusion and Truth: Legal Artificial Intelligence and Others. China Law Review, 2024, (02): 128-138. [8] Li Xueyao. The legal nature of artificial intelligence ethics. Chinese and Foreign Law, 2024, 36(04): 884-898. [9] Zhou Shizhong, Lu Tongtao. Methodological reflection on artificial intelligence legal system reasoning. Hunan Social Sciences, 2021, (03): 131-139. [10] Ejjami R. AI-driven justice: Evaluating the impact of artificial intelligence on legal systems. Int. J. Multidiscip. Res, 2024, 6(3): 1-29. [11] Translated by Wang Xing. The normative function and practical destiny of criminal proof standards. Global Law Review, 2021, 43 (03): 117-132. [12] Wang Chong, Dong Puyu. Re-examination of criminal liability subjects in the era of artificial intelligence. Guangxi Social Sciences, 2020, (12): 118-125. [13] Benyekhlef K, Zhu J. The judicial system and the work of judges and lawyers in the application of law and sanctions assisted by AI//Handbook of Artificial Intelligence at Work. Edward Elgar Publishing, 2024: 250-275. [14] Zhang Ni, Pu Yifei. The evolution from metrological law, computational law to cognitive law. Journal of Sichuan University (Natural Science Edition), 2021, 58 (02): 7-12. [15] Ji Weidong. The territory of computational law. Social Sciences, 2021, (03): 113-126+2. [16] De'Shazer M. Advancing Legal Reasoning: The Integration of AI to Navigate Complexities and Biases in Global Jurisprudence with Semi-Automated Arbitration Processes (SAAPs). arXiv preprint arXiv:2402.04140, 2024. [17] Orwat C, Bareis J, Folberth A, et al. Normative challenges of risk regulation of artificial intelligence. NanoEthics, 2024, 18(2): 11. [18] Hu Xiaowei. An outline of legal regulation of algorithmic risks in the era of artificial intelligence. Journal of Hubei University (Philosophy and Social Sciences Edition), 2021, 48 (02): 120-131. [19] KS D, Narayan D N. Artificial Intelligence in Justice System and Its Ethical and Legal Implications: A Comparative Analysis. 2024. [20] Chen Siriguleng. Challenges and upgrades faced by science and technology legal education in the Internet + era - Comment on "Artificial Intelligence and Legal Analysis - New Tools for Legal Practice in the Digital Era". China Oils and Fats, 2021, 46 (01): 164. [21] Liu Kunlun. How to consolidate the foundation: How does legal education respond to the era of artificial intelligence? . Shandong Social Sciences, 2020, (11): 91-96. [22] Gong Shanyao. Practical consideration and improvement of judicial applications of artificial intelligence. Journal of the National Prosecutor's College, 2023, 31(05):95-108. [23] Getman AP, Yaroshenko OM, Shapoval RV, et al. The Impact of Artificial Intelligence on Legal Decision-Making. International Comparative Jurisprudence, 2023, 9(2). [24] Wei Bin. Changes in legal technology: from computerization to digitalization and intelligence. Jurist, 2024, (03): 16-29+190-191 [25] Chandra R, Sanjaya K. Artificial Intelligence and Law. Academic Guru Publishing House, 2024. [26] Ma Zhiguo, Liu Baolin. Legal analysis of the judicial application of artificial intelligence: value, dilemma and path. Qinghai Social Sciences, 2018, (05): 135-141. [27] Wu Jiaojun, Guo Waner. Legal governance of algorithmic black boxes in the era of artificial intelligence. Technology and Law (Chinese and English), 2021, (01): 19-28. [28] Wei Yuanshan. The loss and regression of algorithm transparency: function positioning and implementation path. Northern Law, 2021, 15(01): 151-160. [29] Yang Yanchao. Challenges of artificial intelligence to intellectual property law. Governance Research, 2018, 34(05): 120-128. [30] Liu Zegang. Limitations and Overcomings of Privacy Protection in Federated Learning in the Artificial Intelligence Era. Chinese and Foreign Law, 1-20. [31] Liu Jinsong. The structure and risk prevention and control of big data-assisted judicial proof in the digital era. Modern Law, 2024, 46(01): 107-120. [32] Pan Yonglu. The value and positioning of artificial intelligence in the judicial field. Exploration and Debate, 2017, (10): 101-106. [33] Liu Bei, Qi Hanwen. On the supply-side reform of legal education under the background of “AI + Law”. Hebei Law, 2023, 41(06): 157-17.