The Legal Orientation,Operational Logic and Risk Control of Digital Procuratorate
The legal orientation of data procuratorate is legal supervision.On the basis of not violating the constitutional status of the procuratorial organ,the orientation is the response to the social development,the introspection to the performance of duties,according with the framework of"Four Major Procuratorial Departments"and"Ten Major Procuratorial Affairs",and keeping consistent with the qualitative of procuratorial organs in the"Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era".The rules and characteristics of data and supervision require that digital procuratorate should not only follow the rules of data,but also not violate the norms of legal supervision,and the latter plays a decisive role,which is the operational logic of digital prosecution.Digital procuratorate provides space for the extension of supervision function under data prediction,but it also brings potential risks such as technology supremacy,data insecurity and supervision transgression.In order to regulate risk,it is necessary to implement the rule by law and overall promote technology enabling and institutional regulation.On the one hand,advocating digital justice to promote institutional rationality;on the other hand,realizing data security by protecting data legal interests.At the same time,clarifying the boundary of power by sticking to the proportionality principle under the legalism.
digital procuratoratelegal orientationlegal supervisiondata legal interestdata security
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