Abstract:Current artificial intelligence is essentially machine intelligence based on big data, algorithm and caculated force, not organic intelligence. Under background of the judicial artificial intelligence fever, we should stand in the position of instrumentalism and understand the two sides of judicial artificial intelligence dialectically——good use of tools and alienation of trial. The judicial artificial intelligence can maximize the judicial productivity in terms of justice, efficiency, management and service to the public. But at the same time, it should be subject to the initiative of judges and fundamental nature of judicial systems in order to avoid the solidification and expansion of inequality. Correspondingly, we should embrace the judicial artificial intelligence but treat it with care, and explore the application road of judicial artificial intelligence between the theoretical limit and the realistic baseline.