Research On The Unbalanced Development Of Smart Investigation And Its Reconciliation

In the digital age,the information technology revolution has triggered more profound social changes than any other in history.In the field of police work,the Ministry of Public Security puts forward the overall goal of building smart policing,aiming to comprehensively improve the effectiveness of police work through the application of technology.In the field of crime,the development of emerging technologies has changed the original criminal structure and situation,making criminal activities show new characteristics closely connected with the digital society.In the field of investigation,with the help of big data,artificial intelligence and other technologies,public security organs throughout the country have started the practice exploration of smart investigation in order to conform to the development trend of police and cope with the change of crime situation.However,as a new thing,smart investigation still has many shortcomings in practice.What difficulties are faced by the development of smart investigation at present,how these difficulties are formed and how to solve them,these problems urgently need theoretical responses.Smart investigation emphasizes the application of intelligent technology to improve the effectiveness of the public security organs in preventing and combating crimes,and at the same time pursues the smart of the realization process,which has both instrumental rationality and value rationality.Instrumental rationality and value rationality are a theoretical framework with great explanatory power.Taking instrumental rationality and value rationality as the framework to analyze the dilemma and outlet in the development of smart investigation is helpful to deepen the research of smart investigation and provide reference for the practice of smart investigation.The interactive and balanced development between instrumental rationality and value rationality of smart investigation is a necessary state.However,the excessive pursuit of order and efficiency in the current practice of smart investigation destroys the necessary state.The instrumental rationality keeps expanding while the value rationality is gradually declining.Although the unbalanced development between the two has certain realistic rationality,it also leads to the formation of "technological Leviathan" in smart investigation,resulting in the impact of procedural justice,the aggravation of personal information infringement,the challenge of entity justice,the widening of vertical digital divide,the alienation of technology application and many other realistic difficulties.The unbalanced development of smart investigation is not irreconcilable,so it is necessary to restore the discourse power of value rationality on the premise of not negating the instrumental rationality of smart investigation.Smart investigation takes the intelligent application of data as the basic way,and data justice is the concept of justice and the principle of justice in the process of data use,and is the embodiment of social justice in the field of data.Therefore,data justice theory can be introduced to restore the discourse power of value rationality of smart investigation according to its core views and legitimacy requirements.Specifically,according to the "prior agreement" view to improve the procedural regulation and rights protection,through the normativity and certainty of law to bridge the intrusiveness and uncertainty of technology;data and algorithm governance should be emphasized according to the view of "opposing unfair treatment" to minimize the occurrence of algorithm errors and algorithm discrimination;according to the view of "visibility",appropriate disclosure of investigation information should be strengthened to narrow the vertical digital divide while accepting public evaluation and supervision;strengthen humanistic care according to the view of "subjectivity",in order to clarify the subjective status of investigators and optimize the "human-computer interaction".Through the above path,the instrumental rationality of smart investigation will be fully returned to the norms and guidance of values such as legality,equality,openness and human nature,so as to realize the coordination and unity between instrumental rationality and value rationality of smart investigation and promote the benign development of smart investigation together.