Ride the Lightning

China’s Digital Court: The Judges are AI and Verdicts Come Via Chat App

December 10, 2019

The Japan Times carried a post on December 7 that should give us all pause as we attempt in the U.S. to deal with access to justice issues and overburdened courts.

China is encouraging digitization to streamline case-handling within its sprawling court system using cyberspace and technologies like blockchain and cloud computing, the country's Supreme People's Court said in a new policy paper.

The efforts include a "mobile court" offered on popular social media platform WeChat that has already handled more than 3 million legal cases or other judicial procedures since its launch in March. I must say, that's an impressive number.

The policy paper was released this past week as judicial authorities gave journalists a glimpse inside a "cybercourt" — the country's first — established in 2017 in the eastern city of Hangzhou to deal with legal disputes that have a digital aspect.

In a demonstration, authorities showed how the Hangzhou Internet Court operates, featuring an online interface in which litigants appear by video chat while an AI judge — complete with an on-screen avatar — prompts them to present their cases.

"Does the defendant have any objection to the nature of the judicial blockchain evidence submitted by the plaintiff?" the black-robed virtual judge, sitting under China's national emblem, asked in a pre-trial meeting.

"No objection," a human plaintiff answered.

Cases that are handled at the Hangzhou court include online trade disputes, copyright cases and e-commerce product liability claims.

Litigants can register their civil complaints online and later log on for their court hearing.

Putting simple functions like that in the hands of the virtual judge helps ease the burden on human justices, who monitor the proceedings and make the major rulings in each case, officials said.

The digitization push is partly to help courts keep up with a growing caseload created by mobile payments and e-commerce in China, which has the world's largest number of mobile internet users at around 850 million.

"(Concluding cases) at a faster speed is a kind of justice, because justice delayed is justice denied," Hangzhou Internet Court Vice President Ni Defeng said. Ni added that the use of blockchain technology is particularly useful, helping to streamline and create clearer records of the legal process.

Since the Hangzhou court's establishment, China has set up similar chambers in Beijing and the southern metropolis of Guangzhou. Together they have accepted a total of 118,764 cases and concluded 88,401, the Supreme People's Court said.

The "mobile court" option on WeChat — China's leading social-media messaging platform — allows users to complete case filings, hearings and evidence exchange without physically appearing in court.

It has been launched in 12 provinces and regions, authorities said. Courts nationwide are experimenting with a range of online tools, said Zhou Qiang, chief justice and president of the Supreme People's Court. He told a panel on Thursday that as of October more than 90 percent of China's courts had handled cases online to some extent.

The judicial technology is an impressive start to what many experts would like to see in the U.S., affording inexpensive and faster access to justice.

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
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