On the Revision of Chinese Criminal Procedure Law in the Digital Age
The revision of the Criminal Procedure Law of China has been listed in the legislative schedule,and the revision should respond to the needs of the digital age,focusing on new issues brought about by the application of new digital technologies in criminal proceedings.At the level fundamental concept,it is advisable to coordinate the relationship between the application of technology and the protection of human rights protection in criminal proceedings in the digital age,reconcile the foresight and prudence of legal revision,and balance the conflict between data security and personal information protection.At the level of basic principles,it is advisable to establish the principle of legality to achieve the legality of purpose,procedure,and means,coordinate the relationship among purpose,means,and consequences through the principle of proportionality,and distinguish objects,contexts,modes of behavior,and modes of supervision based on the principle of distinguished processing.At the level of institutional norms,it is advisable to strengthen the control of digital investigation and evidence collection,promote digital prosecutorial legal supervision,normalize intelligent trial,so as to ensure that the digital reform of public security organs,procuratorates and courts conforms to the fundamental philosophy of criminal procedure law.The revision of the Criminal Procedure Law of China from the perspective of such three levels can achieve the realization of digital transformation of criminal proceedings within the track of the rule of law.
Digital TechnologyRevision of Chinese Criminal Procedure LawFundamental ConceptsBasic PrinciplesInstitutional Norms
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