Research On The Application Of Digital Non-custody Measures In Criminal Procedure

Digital non-detention measures are derived and developed in the wave of the same frequency resonance with information technology.In line with the trend of The Times of intelligent justice,digital technology is integrated into the implementation process of non-detention measures,and technology is used to empower non-detention supervision,which can eliminate the existing obstacles such as traditional non-detention supervision becoming a mere formality and improve the application rate of non-detention measures.To implement the criminal policy of "less arrest,careful prosecution and careful remand",release the maximum goodwill of the judiciary,lay a solid foundation for the good operation of the system of guilty plea and punishment,and build a new pattern of digital criminal litigation.Although along with the continuous development of science and technology,digital technology perfected,including electronic bracelet,shackles,digital supervision system APP such as custody supervision pilot work of science and technology in the domestic,wildfire but in the judicial practice operation process,there are still some problems,hinder the digitization of custody measures to carry out the mass effect,comprehensive promotion.Such as electronic bracelets,electronic ankle bracelet is hard to get rid of "label effect",in the practice of taking digital regulation APP is still difficult to avoid regulatory vacuum,digital custody measures applicable type single and not how to distinguish,easily lead to excessive regulation and supervision in short question,digitalization of custody measure function to know whereabouts trajectory inclination,the lack of emphasis on preventing crime again,And non-custody measures in the implementation process of violation of the consequences are not clear,easy to make non-custody measures in the virtual.Practice in the pilot run obstacle,investigate its reason is the law of digital custody measures of standardization,to obtain a guarantor pending trial or not even can take corresponding monitoring measures,the obligation of the custody measures in violation of the lack of effective restriction and sanctions,also caused by insufficient rigidity,at the same time,the digitalization of custody measures for lack of scientific classification basis,There is a "one size fits all" situation.Since the application of digital technology is an innovative measure during the epidemic prevention and control period in China,non-detention measures outside China mainly adopt electronic monitoring technology,but all of them are for the supervision of the accused in non-detention,so useful experience can be learned.In through to the Anglo-American law system and continental law system countries individually after investigation and combing practical experience,can provide advantages for our country to draw lessons from and obstacles preventing analysis,advantage to learn from aspects including risk assessment in order to realize the scientific classification of,additional constraints to implement supervision effectiveness,clear violation consequences for rigid effectiveness monitoring measures.Prevention mainly by building identify illegal mechanism to avoid offending,build flexible change and reaction mechanism safeguard accused People’s Daily lives as far as possible,establish mechanisms to prevent the invasion of privacy and personal information protection clear by national finance supervision fee in order to follow the constitutional principle of equality,carry out the principle of presumption of innocence,release the judicial the utmost good faith.After sorting out the experience and existing problems of digital non-custody supervision inside and outside the domain,in order to promote the steady and long-term development of digital non-custody supervision,the author intends to clarify the operation picture of digital supervision.And clear the applicable objects,the perfect legal norm,suitable measures,the correct understanding system function,clear digital regulation applicable to being prosecuted people agree with the premise,the establishment of digital regulation violations and processing procedures,through long distance not detain regulatory information barriers,such as multiple point of view,comprehensive build not detain regulatory digital custody measures applicable system.At the same time,in order to better play the value and effectiveness of digital supervision system,we should jointly promote digital justice to achieve a higher level of fairness and justice by constructing a supporting risk quantitative evaluation system,implementing effective pretrial defense and relevant rights protection,strengthening and implementing procuratorial supervision of digital supervision and other dimensions.