摘要

摘要：“十三五”期間人民法院信息化建設取得巨大成就，“智審、智執、智服、智管”的智慧法院體系基本建成，人民法院信息化3.0版深化完善。黨的十九屆五中全會對堅持創新驅動發展作出重大部署，為人民法院全面深化智慧法院建設、促進審判體系和審判能力現代化提供了根本遵循。認真謀劃和推進“十四五”時期智慧法院建設，一方面要加強頂層設計和統籌，另一方面應及時總結和推廣富有成效的地方經驗，立足實踐需求，下足細節功夫，進一步強弱項、補短板、增質效、解新題。

通過實地走訪調研，課題組發現，智慧法院建設取得舉世矚目的成績，得益于全國各級法院的共同努力和交流互鑒。最高人民法院為智慧法院建設夯基壘臺、立柱架梁，地方法院實干篤定、各展神通。深圳鹽田法院結合基層工作實際，充分發揮自身優勢，走出一條基層智慧法院建設的特色之路：以目標為導向，推動全流程數字化辦案落地起效；以法官為本位，采用JEC模式，提升法官審判能力與質效；以改革為重點，保障司法改革成果與智慧法院建設交融互促；以便民為追求，不斷滿足人民群眾多元司法需求。自2017年4月被廣東省高院確定為全省“智慧法院”試點單位以來，鹽田法院率先在全國實現全流程無紙化辦案，智慧法院建設取得豐碩成果，體現了“實通智效”的突出特點：堅實基礎，全面筑牢建設根基；融合貫通，深化協同機制效應；交互運智，整體增進司法能力；以智促效，提升智慧法院效能。實為基礎，通為前提，智為運用，確保建設取得良好成效，這些經驗和心得值得系統總結和借鑒推廣。

全面深化智慧法院建設，推動順應時代進步和科技發展的訴訟制度轉型，要在既有建設基礎上守正創新，以更寬廣視野不斷拓展智慧法院發展路徑。課題組認為，全流程數字化辦案和電子卷宗深度應用是必須抓牢的“牛鼻子”，構建深層次治理規則和制度，強化網絡數據安全保障體系，加強對人工智能、區塊鏈、系統融合等前沿問題的研究應用，建立外部專家獨立評估機制等可成為加快智慧法院建設步伐的重要著力點。

關鍵詞：智慧法院；實通智效；全流程數字化辦案

Abstract: China has made huge achievements in the informatization of people's courts during the period of the 14 thFive-year Plan: the construction of a smart court system characterized by“smart trial, smart service and smart governance”has been basically completed and the Court Informatization System Version 3. 0 has been further improved. The Communist Party of China made major arrangements for innovation-driven development at the Fifth Plenary Session of its Nineteenth Central Committee, laying down fundamental principles to be followed by people's courts in constructing smart court in an all-round way and in modernizing the trial system and capacity. To further advance the construction of smart court in the period of the 14 thFiveyear Plan, China should, on the one hand, strengthen the top-level design and overall planning and, on the other hand, timely summarization and popularize successful local experiences, base itself on practical needs, pay attention to details, strengthen weak points, improve quality and efficiency, and solve new problems.

Through field investigations, the Project Team has found out that the remarkable achievements made by China in the construction of smart courts own a great deal to the joint efforts made by and the exchange and mutual learning between people's courts at various levels in the whole country. The Supreme People's Court has laid a solid foundation and built the framework for the construction of smart courts and local people's courts have carried out the concrete work in a down-to-earth manner, with each showing its special prowess, in the actual construction of smart court. In recent years, the People's Court of Yantian District, Shenzhen City, Guangdong Province, by basing itself on the grassroots practice and giving full play to its own advantages, has developed an approach to the construction of grassroots smart court with its own characteristics, namely promoting the whole-process digital handling of cases by being target-oriented, adopting the judge-based JEC mode to enhance the trial capacity of judges and the quality and efficiency of trial, taking the reform as the emphasis to guarantee the integration and mutual promotion between the results of judicial reform and the construction of smart courts, and taking the convenience for the people as the aim to continuous meet the people's diversified judicial needs. Since it was chosen by the Higher People's Court of Guangdong Province as the pilot unit for the construction of smart court in the province in April 2017, the Court has taken the lead in the whole country to realize whole-process paper-less handling of cases and achieved fruitful results in the construction of smart court. These results embody the prominent characteristics of“solidness, connectedness, intelligence and effectiveness”: laying a solid foundation and comprehensively strengthening the basis of the construction;attaching importance to integration and connection and enhancing the effect of the coordination mechanism; building overall judicial capacity through interactive application of intelligence; and improving the efficiency of smart courts through intelligence. By taking solidness as the basis, connectedness as the premise, and intelligence as the application, it has achieved good results in the construction of smart court. These experiences are worthy of systematic summarization and generalization.

In order to deepen the construction of smart court and promote the adapt the litigation system to the development of the times and the progress of science and technology, China must, on the basis of existing achievements, adhere to the right course, make innovations, and continuously expand the development path of smart courts with an increasingly broad view. The Project Team holds that the deep application of whole-process digitalized handling of case and electronic case file are the key links that must be firm grasped by China in the construction of smart courts and constructing deep-level governance rules and institutions, reinforcing the network and data security safeguarding system, strengthening the researches on and application of such frontier technologies as AI, block chain and system integration, and establishing a mechanism for external evaluation by independent experts are the focuses of future efforts to be made by China in speeding up the construction of smart courts.

Keywords: smart court; solidness, connectedness, intelligence and effectiveness; whole-process digitalized handling of cases