The application of digital technology in the arrest system can already cover the entire process of arrest,with typical examples being digital supervision technology,big data-driven quantitative assessment of social risks,and the digitization of arrest review procedures.The reform of the arrest system in the digital age should adhere to the basic concepts of digital empowerment,due process,and the principle of proportionality.In terms of functional settings,the function of arrest as a social defense measure should be limited,prompting the gradual return of the primary function of arrest to ensuring the smooth progress of criminal proceedings.On this basis,the conditions for the social risks associated with arrest should be set separately based on arrests aimed at ensuring the smooth progress of criminal proceedings and arrests aimed at achieving social defense purposes.Additionally,the substantive review of the conditions for the social risks associated with arrest should be strengthened,and the litigious development of detention hearing procedures should be promoted.
关键词
数字时代/逮捕/正当程序/比例原则/逮捕功能
Key words
digital age/arrest/due process/principle of proportionality/functions of arrest
维普
万方数据