A Reflection on the Crisis of"De-accountability"in Digital Prosecution
The widespread use of procuratorial big data has a profound impact on prosecutors'performance.From the intelligent inspection to the legal supervision model,higher requirements are put forward for the implementation of prosecutors'responsibility.The digital procuratorial era enabled by science and technology expects to achieve a higher level of digital justice.Compared with the traditional single prosecutors'responsibility model which emphasizes the judgment of natural person,the prosecutors'responsibility in the digital age integrates the algorithmic responsibility caused by the unreasonable or improper algorithm.In the current digital prosecution practice,the original prosecutors'responsibility system not only lacks an accountability mechanism for issues such as"algorithmic black boxes",but it has also become increasingly difficult to accurately identify the responsibility of prosecutors,which is manifested as the crisis of"de-accountability"of prosecutors.Therefore,it is urgent to build a new responsibility framework to respond to the problems of dissipation,prevarication and identification of prosecutors'responsibility.This new responsibility system includes but is not limited to:introducing"vicarious responsibility"into the principle of liability to achieve effective regulation of artificial intelligence algorithms;establishing"priority responsibilities"for prosecutors and urging them to review and monitor AI verdicts;establishing the explainable mechanism of the algorithm and delimiting the reasonable scope of exemption,the responsibility boundary between prosecutors and artificial intelligence is clarified.
Digital ProsecutionAlgorithm ResponsibilityDe-accountabilityLiability Rule
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