The judicial application of digital evidence in criminal cases(criminal digital evidence)is an inevitable trend for the digital transformation of criminal proceedings in the macro context of the digital economy.It is ...The judicial application of digital evidence in criminal cases(criminal digital evidence)is an inevitable trend for the digital transformation of criminal proceedings in the macro context of the digital economy.It is characterized by digitization,diversification,and traceability.The application of criminal digital evidence can be divided into two main scenarios:the vertical scenario involving phases such as filing,prosecution,and trial;the horizontal scenario related to specific types of crimes.Criminal digital evidence is primarily applied to handling non-contact crimes,such as cybercrimes.However,the application of such evidence may infringe upon the basic rights of suspects,including their rights to privacy,rights to know,and rights to defense.Furthermore,the diversified and non-systematic nature of digital evidence may lead to challenges in applying the law,particularly with algorithmic“black boxes,”which can result in judicial discrimination and other drawbacks.Therefore,it is necessary to formulate or improve the regulatory framework for criminal digital evidence to ensure its lawful and standardized application.Additionally,judicial authorities must strengthen collaboration in case handling to ensure smooth coordination in collecting and applying digital evidence,thereby realizing its efficient litigation value.Furthermore,it is essential to check and balance the algorithm-based conviction and sentencing to protect the legitimate rights and interests of the parties involved,achieving high-quality human rights protection.展开更多
Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and t...Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.展开更多
Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of crimin...Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of criminals＇ human rights. Since the founding of New China, the Party and the state have paid full attention to protecting the human rights of criminals.展开更多
Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the...Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.展开更多
文摘The judicial application of digital evidence in criminal cases(criminal digital evidence)is an inevitable trend for the digital transformation of criminal proceedings in the macro context of the digital economy.It is characterized by digitization,diversification,and traceability.The application of criminal digital evidence can be divided into two main scenarios:the vertical scenario involving phases such as filing,prosecution,and trial;the horizontal scenario related to specific types of crimes.Criminal digital evidence is primarily applied to handling non-contact crimes,such as cybercrimes.However,the application of such evidence may infringe upon the basic rights of suspects,including their rights to privacy,rights to know,and rights to defense.Furthermore,the diversified and non-systematic nature of digital evidence may lead to challenges in applying the law,particularly with algorithmic“black boxes,”which can result in judicial discrimination and other drawbacks.Therefore,it is necessary to formulate or improve the regulatory framework for criminal digital evidence to ensure its lawful and standardized application.Additionally,judicial authorities must strengthen collaboration in case handling to ensure smooth coordination in collecting and applying digital evidence,thereby realizing its efficient litigation value.Furthermore,it is essential to check and balance the algorithm-based conviction and sentencing to protect the legitimate rights and interests of the parties involved,achieving high-quality human rights protection.
基金a phased achievement of the Tianjin Philosophy and Social Science Planning Project“Systematic Study on the Justified Exoneration”(Project Number TJFXQN20-001)supported by the Fundamental Research Funds for the Central Universities“Research on Criminal Law Regulation of Family Offenses”(Project Number 63222047)。
文摘Domestic violence is a serious threat to the basic human rights of family members,especially victimized women.In order to effectively prevent domestic violence,the criminal law needs to respond in an appropriate and timely manner.However,the traditional criminal governance model suffers from the problem of the lagging involvement of public power.At the same time,the public-private partnership governance model,based on the personal safety protection order system stipulated in the Anti-domestic Violence Law of the People's Republic of China,is also flawed in its institutional design and specific implementation.The criminal governance model for domestic violence should be guided by the view of positive criminal law,and the governance path should be furtheroptimized from two aspects:strengthening the foundation of the public-private cooperation governance model and deepeningthe criminal-civil interface.This will help to fully protect the legitimate rights and interests of victims of domestic violence.
文摘Protection of criminals＇ human rights is an important issue that has received full atten- tion at home and abroad. The Communist Party of China （CPC） has always attached much importance to the protection of criminals＇ human rights. Since the founding of New China, the Party and the state have paid full attention to protecting the human rights of criminals.
基金the phased result of the Humanities and Social Science Research and Planning Fund Project of the Ministry of Education,titled“Research on Online Dispute Resolution Mechanisms:Theory,Rules,and Practice”(22YJA820036)Research Project on the Historical and Cultural Heritage,Essential Connotation and Mission of the Era of China’s Human Rights Development Path of the Beijing Research Center of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era(23LLFXA055)。
文摘Online criminal litigation transcends the constraints of physical time and space and changes the logic and path of trial hearings for some criminal cases with the help of technology.However,the leapfrog shift from the“physical field”to the“virtual field”has brought great challenges to the effective exercise of the defendant's right to defense.Online criminal justice further highlights the imbalance in the relationship between prosecution and defense in the context of smart justice,and proposes a new topic for protecting the human rights of the prosecuted.The introduction of online criminal litigation in judicial practice is intended to achieve justice in a faster and more convenient way.However,the dissipation of the ritualized remote hearings tends to undermine the effectiveness of the defense and impair the defense's ability to cross-examine evidence,while the technically advantageous public authorities can aggravate the barrier to the defense's meeting and reading the case file.The root cause is that technological power instrumentalism overemphasizes pragmatism and the pursuit of truth under the position of authority,thus diluting humanistic care for the subject of litigation.In order to resolve the problem with the quality and effectiveness of the right to defense in remote hearings,it is necessary to transform online criminal litigation from a“practical technical tool”to a“convenient auxiliary method,”and appropriately weigh the limits of pursuing truth against human rights protection in special scenarios.Meanwhile,it is also feasible to provide technical care for the defense and strengthen its ability to cross-examine evidence.Moreover,a covert communication platform should be furnished for the defender's online meeting to actively strengthen the protection of the defendant's right to defense.
