A Paradigm Shift in China's Procuratorial Supervision in Digital View

서지정보

· 발행기관 : 현대중국학회
· 수록지 정보 : 현대중국연구 / 26권 / 1호 / 331 ~ 378페이지
· 저자명 : 주복용, 구오가오웨이

초록

In China, traditional procuratorial supervision encounters real dilemmas due to the normalization of passive supervision, the simple supervision method and the unsatisfactory supervision effect, making it difficult to meet the judicial needs of the people and the objective requirements of comprehensively advancing the rule of law strategy.
From the perspective of digital procuratorial work, the digital rule of law, risk society, technological empowerment and procuratorial activism lay a logical basis for the paradigm shift in China's procuratorial supervision. Through digital empowerment, panoramic supervision, correlative supervision, whole-region supervision and predictive supervision, promote the transformation from passive supervision to active and comprehensive supervision; clarifying the relationship between individual case supervision and similar case supervision, clarifying the standard for identifying similar cases, and optimizing similar case supervision algorithms promote the transformation from individual case supervision to the combination of individual case supervision with similar case supervision; the collaborative and win-win idea, procuratorial suggestion models and data-sharing p latf orms p romote t he t ransf ormation f rom zero-sum supervision to collaborative and win-win supervision. However, the availability and s ecurity o f data, a s well as t he neutrality a nd transparency of algorithms, determine the quality and effectiveness of the procuratorial supervision transformation. In response, on the one hand, efforts should be made to enhance the comprehensiveness of procuratorial supervision data, expand the availability of procuratorial supervision data, and ensure the security of procuratorial supervision data. On the other hand, by filing and assessing procuratorial supervision algorithms, and clarifying the accountability mechanism for procuratorial supervision algorithms, the algorithm discrimination can be prevented.
Opening the algorithm black box by disclosing and interpreting the procuratorial supervision algorithms is also essential. Ultimately, this will enable the construction of a modern procuratorial supervision model with Chinese characteristics, achieving a modern metamorphosis towards high-quality development of procuratorial work in the new era.

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