Theoretical Review and Standardized Governance for the Digital Transformation of Duty-related Crime Investigation
The application of digital technology has overwhelmingly impacted investigative methods for duty-related crime,mainly presented as from passive response to active verification for the discovery of the crime leads,from bureaucratic structure to horizontal structure for jurisdictional structure,from witness-oriented to algo-rithm-oriented for obtain-evidence path,and from space oppression to data oppression for obtain-evidence method.Digital transformation might trigger the potential imbalance in the power-rights structure for judicial proceedings of duty-related crime,manifested as the deviation and weakening of the focus on the right guar-antee,implicit expansion and weakness of control over supervisory and investigative powers.When addressing the above-mentioned issues,from the perspective of guiding ideology,it is required that the control philoso-phy of digital power shall be integrated into principles for legal procedure,and the concept of the reasonable expectation of privacy incorporated into principles of right guarantee,the concept of balanced procedural effi-ciency embedded into the principle of investigative efficiency.From the perspective of coping strategy,it shall be oriented towards diversified right guarantee and standardized digital investigation,focus on the pro-tection of human rights which shall be switched into the protection of privacy security,explore the privacy and personal information protection system centered on the right of data information,establish a grievance re-dress mechanism,coordinate the establishment of data platform,optimize the jurisdictional connection,strengthen the process control for the exercise of power and create a mechanism for interpreting and supervi-sing the legitimacy of algorithms.
万方数据
维普
