1. Development and impact of computational law
The combination of information technology and law is not a new topic. Computational jurisprudence is a research field with a long history. Computational law, also known as legal computing, is a branch of law. It can be considered to assist the research and practice of law with the help of information technology. Computational law mainly focuses on Legal quantitative simulation and analysis technology. For example, computational law can be used to calculate and model legal issues.
As early as the end of the 17th century, Leibniz first proposed to build a machine to answer legal knowledge, which would be a very interesting thing. In 1949, a small academic field appeared, which focused on the use of electronic and computational methods to solve legal problems, and was called “judgment jurisprudence”. Judgment jurisprudence was previously considered to focus on the quantitative analysis of judicial acts, applied in the legal interpretation of communication and information theory, and formulated the calculation method of legal probability by electronic and mechanical means.
In 1958, at the conference on “thinking process mechanization” held in the National Physics Laboratory of the United Kingdom, French scientist Lucian Mayer submitted a paper, which proposed the benefits of using computing to solve legal problems. The paper also mentioned the use of a research method proposed by Minsky, an outstanding figure in artificial intelligence. Lucian Mayer believes that law can be composed of two different departments. One is the “document or information machine”, the other is the “consulting machine”. The former can provide relevant cases and legal scholarships for legal researchers, and the latter can answer any legal questions put to it; The latter can replace many lawyers to answer some simple questions with definite answers. In 1970, Lucian Mayer’s first machine came out, and in the 1980s, the second generation machine came out. The performance of the second generation consulting machine has been improved. It can answer some advisory questions asked by Lucian Mel. When people input legal questions to it, it can automatically output the answers.
In 1987, the first International Conference on AI and law was held. After that, the conference began to study this field more deeply. By 2005, automation and technology can change the role of lawyers. They can supervise the process, promote active work and more and more computer management. On the one hand, legal experts predict that this will help legal self-help, especially in contract establishment, enterprise planning and predicting rule changes. On the other hand, intelligent computers also demonstrate the potential ability of computer law.
In recent years, Britain, the United States and other countries have begun to study the subject of Intelligent Computational jurisprudence under their respective legal systems. With the breakthrough of natural language input, artificial intelligence technology and the development of big data technology, the insurmountable problems previously encountered by computational jurisprudence are now being gradually broken through. IBM is developing a legal advisory service system based on Watson system, which can replace the work of junior lawyers to a certain extent. In 2011, IBM’s Watson software became the world’s first software that can solve the problem of “common sense”, which was considered impossible before. On June 22, 2015, IBM announced that it would use Watson software to analyze legal contracts. MIT has designed an authentication scheme and an identity management framework. Its central idea is absolutely trusted identity management, and has constructed a new computing framework. Some scholars also began to study the impact of artificial intelligence technology on the law and the legal issues involved.
In short, the current research focus of computational law is the empirical analysis of legal decision-making and their relationship. These advances are usually analyzed by citation. As the law is widely cited, a citation network can be built. In order to achieve correlation, the reference network allows the use of graph traversal algorithms and various distance measures to find the mathematical relationship between them. In judicial proceedings and legal applications, these analyses can reveal important overall patterns and trends.
2. Legal code technology
From the development and research of computational jurisprudence, it can be seen that the legal community began to use information technology for related work very early. The integration of computational technology and jurisprudence will have a profound impact on the virtual network world. With the development of the digital society, especially the emergence of the smart contract model on the blockchain, a new operational computing architecture has emerged. Gartner calls it programmable economy. The network virtual economy gradually accounts for half of the country, and there is a need for deeper integration between law and code technology, How to ensure that the computer code governing the digital society is consistent with the legal rules governing the entity society? How to realize the legal code system of the virtual world through code law has become a great development challenge. In recent years, the state has set up a number of pilot Internet courts, and it is even reported that the certificate on the blockchain can be used as the criterion of the court. Computational legal thinking can no longer solve these problems.
Lessig, a famous American scholar, put forward the view that “code is law” ten years ago, which triggered people’s thinking about the relationship between computer code and law in the real world. What we should pay attention to is not the information support of the law, but the digital and coded law, forming the code, legal provisions, code or code, that is, the law, which is similar to the vigorous rise of the cross industry of Finance and science and technology brought about by the birth of fintech. The cross between law and science and technology will also rise in the broader field of digital society. The author calls it legal code technology （LawCtech： Law Code technology）。
Legal code technology is the integration of jurisprudence and information technology. It comprehensively adopts technologies such as computational law, software coding, artificial intelligence, blockchain and smart contract to realize the coded expression and automatic operation of laws, regulations, contracts, articles of association and other legal documents, and how to ensure that the rules set by computer code are consistent with the legal rules in the real world, Become the invisible law of the digital society and realize the codification of the process of “code is law”. Its core points are as follows: firstly, legal documents such as legal texts, templates or contracts are transformed into various computer executable codes through artificial intelligence, software engineering and other technologies; Second, these codes need to have the function of code code, which can not be changed once established; Third, the code should be consistent with the legal text or comply with the legal provisions to overcome the ambiguity of natural language; Fourth, the process of generating code is public trust, compliance and legal recognition.
It embodies the way of interpreting legal text and contract by combining intelligence and program code, so it brings realizable opportunity and huge development space to legal coding. Legal code science is a new integration of science and technology, a new vision, the integration of technologies such as jurisprudence, artificial intelligence, blockchain and smart contract. It is a new research perspective, focusing on solving the legal effect of smart contract. It can not only integrate the legal elements into the automatically executed smart contract code, make the smart contract have legal effect, have the functions of electronic evidence and electronic contract, and have a legal guarantee mechanism in the life cycle, which is also the premise for a large number of smart contracts to be accepted and operated. The intellectualization of smart contract includes the intellectualization of contract content and contract production. We should fully tap the common understanding and thinking mode of law, and adopt natural language recognition, formal methods Cognitive theory and machine learning methods enable complex legal rules to be automatically converted into smart contract code as accurately as possible. At the same time, the production process of smart contract must be more intelligent and easier for users to understand, write, deploy and supervise.
This architecture maintains and builds a shared legal text code base, and uses artificial intelligence technology and description language to build the code base. Each user who abides by the community use agreement can use and contribute his own legal electronic text and code. The legal sharing community defines the legal text model and the corresponding model description language and technical architecture. The infrastructure manages the combination of physical hardware, provides service interfaces for the upper layer, defines service interfaces, uses the blockchain to provide service registration and search functions, and manages and controls users to use legal technical services to achieve on-demand access.
Firstly, the legal sharing community manages and maintains the legal text code base on the shared database. Law firms, lawyers and scholars can directly use the legal text code in the shared database, but the correctness is verified by the user. In addition, they can also upload and share their own new text code template to the update list in the blockchain, Templates approved by community management members will be added to the shared library.
Secondly, for different purposes, multiple users can combine smart contract management services on demand based on the shared legal database. Collaborative editing can ensure the safe cooperation of private contract text codes. First, the private legal database is constructed by copying the contents of the legal text shared database to the blockchain, which can control the editing rights of editable personnel, The editors upload the contract update request to the update list of the blockchain, and the updates agreed by most will be updated to the contract. Using the distributed storage consistency of the blockchain, the private legal database and shared database will be updated synchronously.
The data model of legal text can represent any legal text as a simple nested list. The user first defines the text model, then iteratively defines the modules in the text model, continuously refines it, and finally obtains the completed legal text.
The data model can represent any smart contract as a simple nested list and convert it into a legal document according to the input parameters. At the same time, you need to match the code with a specific text template. When someone submits a request for a specific template and the necessary parameters of the template request, it returns a matching code fragment. This requires creating an independent “code template” database to associate standardized code fragments with their corresponding contract provisions. These contract modules can be combined into a collection of “code templates”. The laboratory is deeply promoting the improvement of relevant technology, economic model and community system construction.
Editor in charge: PJ