The effect of using machine learning tools on the civil law judiciary system with a look at the experience of the People's Republic of China and its usage in the Iranian judicial system

Abstract

The goal of any legal system is to develop social order and justice for all through solving the disputes of individual members of society. It seems that with the development of new technologies, reaching this goal can be pursued more quickly. The two leading legal systems in the world, the Roman-German legal system with the application of codified regulations and the common law system relying on precedents, are the source of inspiration for many countries' legal systems. In this research, with the look at the experiences of the Chinese judicial system in the use of artificial intelligence, which has been using the descriptive analytical research method and library tools, we are looking for an answer to the question of whether machine learning tool based on finding patterns in similar decisions is used, will the civil law system lose its traditional framework and in some way integrated into the common law system? It seems that the subordinates of the civil law system can achieve convergence with the common law system by maintaining their principles without losing the roots based on civil law.

Keywords

• civil law
• common law
• chinese judicial system
• machine learning
• same-type case reference