[Knowledge Navigation] Che Hao: Technical empowerment, value interpretation and in -depth application of big data legal supervision

On the morning of September 8th, the first phase of the "Hangzhou Inspection Case Research Center · Case Group British Association" forum was launched at the Hangzhou People's Procuratorate. The deputy dean, professor, doctoral supervisor of the School of Law of Peking University, a special professor of the Yangtze River scholar of the Ministry of Education, and the ninth "National Outstanding Young Legalist", and Che Hao, Honorary Director of Hangzhou Inspection Case Research Center, revolves around the "New Era of Big Data: The forward -looking topic of the topic of legal supervision to social governance is made on the theme of the topic. The content is far -reaching and rich.

— Che Hao-

Deputy Dean, Professor and Doctoral Tutor of the School of Law of Peking University

The Ministry of Education The Yangtze Scholars specially appointed professor

Ninth "National Outstanding Young Jurist"

Honorary Director of Hangzhou Inspection Case Research Center

Focusing on today's theme, I want to talk about three keywords, one is technology, the other is value, and the third is to use.

1

Technical dimension

Technological progress has profoundly changed the ecology of various industries, and big data enables the intelligent upgrade of the supervision of procuratorial organs. On the basis of information construction, the procuratorial organs can discover the supervision clues from a large amount of data and realize the transformation from "finding a case" to "case finding people". Essence Judging from the current practice of various places, "Big Data+Wisdom Supervision" will become the "weapon" for the people to understand personal situation and report corruption in a timely manner in terms of some small corruption in the field of people's livelihood. At the same time, the judicial organs took the initiative to use big data to compare the advantages of analysis and judgment, and found a large number of illegal crimes that may not be noticed in the past. These are all smart supervision after big data empowerment. The change. In the future, in terms of technology, I personally think that the main development trend is to build and enrich the content of various databases while trying to break the barriers between different databases. Only through the collisions and analysis between different databases can sparks be produced, showing the crime trajectory hidden under the water, and dig deep into those issues that have not been seen in the past. At present, the information of each database itself is relatively rich. However, the openness and sharing of database information in different departments and fields is still in a primary state that has not been fully developed.

2

Value dimension

Big data empowerment improves the accuracy and effectiveness of legal supervision. Correspondingly, the initiative of the procuratorial organs also put forward higher requirements, and the procuratorial work has been given more and more social governance colors. This is a new expectation for traditional judicial functions. We usually say that in theory of criminal law, we do not act as a reason to form a pursuit, provided that the non -acting must first have a guarantor obligation that must be used as a must. So for the procuratorial organs, there is also a question of how to determine the "guarantor status". In addition to the traditional public prosecution function, the procuratorial organs should further support the front and back -end of social governance. This is not only legal, but also unprecedented challenges in terms of the energy, ability and power of prosecutors. I personally think that between judicial cases and social governance, it is not a simple ability to upgrade, but involves more complex industry adjustments and public power changes in social governance patterns. There are many tensions of value in the middle, rather than just a natural change that can be achieved as long as the ideological understanding goes. In this regard, I think there is more thinking and discussion on the value of judicial career.

On the other hand, the value reflection is that while the big data empowerment brings us to the convenience of supervision, it may also be objectively opening one Pandora's box after another -personal information will become more and more in the face of national power. Hidden place. From the perspective of the government, in order to protect the personal information of citizens, we must prevent unscrupulous merchants, especially those with interest -driven companies. Those who abuse personal information can be trusted without reservation. However, there are endless cases every day to alert us. The state power organs are not a cold and objective operating machine. It is also composed of individuals of countless public officials. As long as the nature of the human nature is the same and common Power will make mistakes.

This brings us a difficult problem in value judgment and choice. At the technical level, in order to achieve effective intelligent supervision, state organs need to constantly grasp the personal information of all citizens, and if they want to open up various database barriers and achieve data comparison, it will inevitably make all the information of a person fully expose In front of power organs. At the same time, at the level of value, while promoting this work, we do need to reflect carefully, which may endanger the risk of personal information security and freedom of action.

Of course, it is difficult to have a problem that involves the level of value, and it is difficult to have an answer that can be obtained immediately, accurate, and uniquely solved. Especially for legal persons, value judgment is always a must -have with us when dealing with various jobs. The problems at different levels faced by everyone include various value judgments. In the face of different problems, the rigid constraints and elastic spaces that need to be judged and selected are also different. Therefore, even if it looks like the same type of value choice, it will not have a clear and the same answer in the different contexts in front of different people. This requires the work matters of our agencies and prosecutors at all levels and prosecutors at this level in front of them. The delicate balance. 3

Use dimension

Regarding the use of big data, I especially want to talk about this place to use information technology to reduce the reform of the pre -trial detention rate reform. I know that information technology such as "non -detaining code" was introduced in Hangzhou, Zhejiang. This reform is of great significance for improving the bail pending review rate. I think the positioning and understanding of this reform should be in the direction of "Chinese story that is not only a Chinese story that is not only a Chinese story that protects public safety, but also expansion and protects personal rights."

The reform of the pre -trial detention rate is now eliminating two thinking misunderstandings. First, it is not possible to think that criminal suspects as individuals have changed fundamentally with the past era. Because human nature is relatively stable, the risk of disbursement and out of control has always existed objectively. The second is that you can't simply think that you have done wrong in the past, or think that reform is to make up. Because in terms of pre -trial detention rate, although China is not low compared to other countries, considering factors such as population, social concepts, and natural effects, it is not appropriate to negate the current pre -trial detention. This means that the need to reduce the reform of the application of arrest and detention is not to understand the direction and positioning of the "dilapidated" direction and positioning of the problems left by the wrong, change, and handle the problem of history. It is not to say that without reform, it cannot meet the needs of social governance. It should be believed that through this reform, it can further promote the improvement of social governance capabilities, highlight my country's unique governance structure and institutional advantages, and tell the international community's unique governance stories in this field. This is to consider that with the changes and technological progress of the times, the risk of dismissal and out of control through a large number of places can get a kind of exploratory resolution.

During the response to the new crown pneumonia's epidemic in recent years, China has achieved significant effects on the prevention and control of the epidemic through network -oriented social governance and comprehensive monitoring tracking technology. But at the same time, it also caused some concerns about whether there is personal freedom and privacy for safety. The institutional advantages used to demonstrate the Chinese model in the past mainly emphasized the benefits of security value obtained in social security. However, sometimes facing the question and criticism about damage to personal privacy and free space loss. This is a pain point that we face at the level of governance value.

Through big data technology to reduce the reform of the pre -trial detention rate, I think it can effectively respond to and solve this pain point, and explore the system advantage of the system. In the current background, the grid -based community governance experience and information technology such as big data are comprehensively applied to reducing the reform of the pre -trial detention rate. Through the use of technologies such as "non -detained code", the detention rate is greatly reduced. This further expands the benefits of technological governance from the field of security value to the field of free value. Because of the obvious, reducing pre -trial detention rate is to release the personal freedom space of a specific group of criminal suspects who "must be concluded without court trial". If considering that every citizen may become potential criminal suspects in front of public power, reducing pre -trial detention rates are actually generally increased the free volume, dignity space and rights protection of all citizens. This is an indisputable fact.

In this sense, the application of some big data information technologies such as "non -detained code", although the trajectory of the suspect's whereabouts is still at the cost of the suspect, but compared with the freedom obtained from him from getting rid of the place of detention on the ground, Li Yuan is greater than that of Li Yuan greater than the freedom to get greater than the freedom in the place of detention on the ground. Disadvantages. I think this income is not only personal, but also a major institutional income. This income is not like the previous reform of scientific and technological development to obtain the effect of social security. Instead, through the combination of scientific and technological development and social governance, it fully guarantees the legality of the legal suspects who have been determined to be innocent before trial and all citizens. Rights, and this is difficult to do in countries and regions that cannot achieve grassroots grid governance and scientific monitoring tracking technology.

From the perspective of comparative law, the detention rate of many countries is also very high. Therefore, if China's reducing detention rate reform can be realized through big data technology and effectively reducing the pre -trial detention rate, it is precisely it reflects some governance advantages and institutional characteristics that China has not yet realized in the West. From this perspective, the value and significance of reducing the reform of the pre -trial detention rate, especially with the help of big data information technology, it is not just a local reform in the judicial field, the error correction of the past disadvantages, but a one, but a one of the one Improve Chinese social governance capabilities and display examples of the advantages of specific governance models. It is not dilapidated, but a new one, it will help tell the international community's governance stories of Chinese society. Of course, you can imagine that there will be some cases of desertor and out of control, so there will be some criticism of criticism. However, there is a cost of everything. The key is to realize that if you stand at a global height evaluation, whether these costs pay for the institutional income obtained by this are worth it. Finally, at the practical operation level, I personally think that at the beginning, it is not advisable to comprehensively promote the general decrease in pre -trial detention rates through technical means, but to gradually advance. The first is to distinguish the type of crime, for example, the principle of non -detention methods such as bail pending trial is stipulated. The second is to use regional pilots to carry out reforms in some representative areas with good foundation. Third, the time is divided into stages. First, take out individual regions and pilots. The hoof is steadily advanced and promoted in an orderly manner. In practice, it is relatively easy to be accepted by all sectors of society.

As the first batch of national procuratorial organs, the first batch of national procuratorate's big data legal supervision and research and development and innovation bases, the exploration of big data empowerment is of great significance. On the one hand, at the level of traditional culture, Hangzhou is a place where readers in the world are looking forward to; on the other hand, in the past ten years, Hangzhou has become the rise and engine of the Internet industry, driving China's digital economy development. The legal person in Hangzhou can be described as a long way to go. While "accelerating the throttle" with the fast track of technology and economic dividends leads the trend, it is worthy of the heavy town of Chinese ideological and cultural traditions, showing a demonstration in the spirit of the rule of law and human value Effect, I think this is also the mission of the times to Hangzhou procuratorial.

(Note: The content of this article is based on Professor Che Hao's online speech and recording)

Source | Hangzhou Procuratorate

Edit | Wu Shiyu

Review | Wu Ping

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