Journal of Jishou University(Social Sciences Edition) ›› 2021, Vol. 42 ›› Issue (5): 23-30.DOI: 10.13438/j.cnki.jdxb.2021.05.003

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Challenges and Countermeasures of Criminal Procedure in the Information Age

BIAN Jianlin,CAO Can   

  1. (Institute of Procedural Law,China University of Political Science and Law,Beijing 100088,China)
  • Online:2021-09-01 Published:2021-11-01

Abstract: With the development of the information age,big data,artificial intelligence and other high-tech means have been widely used in criminal procedure.While bringing convenience and efficiency to criminal procedure,it also causes challenges to the concepts and principles of criminal procedure,normative system and judicial practice.The influence on the principle of ideology is mainly reflected in the conflict with the principle of due process,the challenge to the judge's discretion and the influence on the principle of equality between prosecution and defense.The main problems existing in the standardization system are the lag of legislation,which causes the lack of legal norms and guidance in the application of information technology in criminal proceedings.Lack of top-level design,overall planning of judicial informatization construction,professional technology and specialized personnel to meet the needs of informatization in practical departments are the major problems existing in judicial practice.The main countermeasures are to scientifically define the status and role of information technology in criminal proceedings,to add and improve relevant legal systems in time,and to strengthen the supervision of the use of information technology and the protection of citizens' individual rights in criminal proceedings.Importance should be attached to the overall planning and coordination of judicial information construction,to the professional knowledge training of public security and judicial personnel,and to the training of professionals.

Key words: criminal procedure, informatization, big data

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