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Lecture 29 of Weibo Law Lecture Hall — “Legal Technology in Judicial Trial” Held

On Oct. 15, the 29th lecture of Weibo Law Lecture Hall was held in 120 Academic Lecture Hall of the Law School. Hu Yuhong, professor and doctoral supervisor of East China University of Political Science and Law and vice president of Jurisprudence Research Society of Chinese Law Society, was invited to give the lecture, and the topic of the lecture was "Legal Technology in Judicial Trial".

The lecture was hosted by Prof. Qin Qianhong of Wuhan University Law School. More than 100 people attended the lecture, including Prof. Jiang Guohua, Prof. Luo Kun of Wuhan University Law School and students. Prof. Qin Qianhong introduced the main research fields and important achievements of Prof. Hu Yuhong, Prof. Qin Qianhong also expressed his warm welcome and sincere thanks to Prof. Hu Yuhong for his coming.

                                             

 At the beginning of the lecture, Prof. Hu Yuhong explained the reasons for choosing this perspective. He pointed out that distinguishing the domain covered by each particular concept is a prerequisite for theoretical research and academic dialogue. Compared with the concepts of "jurisprudential method", "legal method" and "jurisprudential methodology", "legal technology" more clearly reflects the nature of justice. It can become a common norm in the "society of judges".

Prof. Hu believed that legal technology is the skills and means around the application of law in the jurisprudential methodology system, which is different from the jurisprudential research methods and cannot cover all the contents of jurisprudential methodology. He explained that legal technology is a professional method and means of law application that combines tradition and legitimacy, unifies reason and experience, which has the qualities of science and embodies the spirit of humanity.

Prof. Hu points out that legal technology is a sign of scientific and rationalization of judicial activities, which is conducive to the formation of social control mechanisms. In terms of the scope of legal technology, it can be divided into three levels: "text analysis technology", "fact discovery technology" and "legal application technology".

After that, Prof. Jiang Guohua and Prof. Luo Kun shared their views around this lecture.In the discussion stage, Prof. Jiang Guohua said that the core issue emphasized in this lecture was "humanism in judicial technology". In this lecture, the technical interpretation was done from three levels: textual analysis, factual discovery and legal application, with emphasis on the technical justification in the interpretation. From the perspective of "respecting the essence of things", "respecting the basic principles of law" and "based on judicial experience", more than ten specific technical propositions are further elaborated. The justification of legal technology is based on human dignity, emphasizing that human dignity is the foundation of modern legal value, the fundamental presupposition of modern law, the standard for evaluating the justification of legal content, and also represents the ultimate purpose of law.

Prof. Luo Kun said that this lecture was large in volume, profound in thought and novel in view. First of all, this lecture introduced the legal methodology system systematically, combining macro theory with specific cases, and combining "textual interpretation" with "jurisprudential interpretation method", which made a systematic interpretation for the audience. At the same time, the humanistic viewpoint mentioned in the lecture is a good explanation of the "human feelings". The lecture discussed the importance of legal technology and argued that in response to the current situation of application of law, it is necessary to establish a relatively uniform legal technology, which requires the joint efforts of the entire legal community.

Prof. Hu further responded to the two panelists. The possibility of coordination between scientism and humanism mentioned by Prof. Jiang Guohua is really worth considering. With the development of science and technology, the whole society has also undergone great changes, which need to be further explored. Prof. Luo Kun mentioned the problem of correlation between different disciplines, which needs to be based on the position of jurisprudence itself and focus on the integration of different principles between different disciplines, so as to expand the existing legal technology.

Afterwards, Prof. Huang Mingtao and students interacted with Prof. Hu Yuhong on whether current trend of artificial intelligence and big data application is once again too optimistic about the progress of science and technology, whether the current judicial response to people's opinions can break through the ex post facto response, and how to summarize the core meaning of typological thinking, etc. Prof. Hu Yuhong answered the questions of the teachers and students patiently and carefully.

The lecture lasted for two and a half hours, at the end of the lecture, all the attendees stood up to thank Prof. Hu, and the lecture was successfully concluded with warm applause.

 

Edited by Wang Yuting & Wu Liuqing