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Research On The Application Of Big Data In The Judicial Field Of China

Posted on:2024-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y M GuoFull Text:PDF
GTID:2556307049452514Subject:Science of Law
Abstract/Summary:PDF Full Text Request
In recent years,thanks to the rapid development of big data technology,big data has become a hot concept in legal practice in China,and judicial authorities around the world have launched a series of high-tech highlights using big data.It is a new type of data processing system supported by Internet technology,Internet of Things and electronic technology,which is based on a large-scale data set,using certain computer algorithms,data mining,analysis and application to obtain the data value,and with the continuous development of Internet technology,the scope and role of its application is gradually expanding.As society becomes more informed,the amount of data and information that can be collected about the justice system and individuals increases,and the scope and accuracy of the data and its value to the justice system is immeasurable.However,it should also be clearly understood that science and technology are double-edged weapons,and that behind the various conveniences that big data brings to Chinese legal practice,there are also various degrees of impact on the original legal system.In this article,the literature research method,the classification research method and the norm analysis method are used to analyse the specific categories of big data applications in the judicial field in China,a number of problems existing in the practical application of big data in the judicial field,and targeted measures and suggestions to solve the problems existing in the practical application of big data in the judicial field.The paper consists of four main parts.In the first part,based on the analysis of several theories on the concept of big data,the paper provides its own concept of big data,explains the characteristics of big data,expands the concept of big data,establishes the relationship between big data and justice,illustrates the importance of big data to justice,and provides a realistic framework for integrating big data with justice in China.The second part discusses the specific categories of big data applications in justice in China,and the practical value of big data in justice is further demonstrated through an analysis of big data applications in judicial practice,such as smart courts,smart prosecution,judicial statistics,law enforcement and judicial supervision.In Part III,we analyze the general problems associated with the use of big data currently in use in the Chinese judicial system,such as the lack of scientific quality of judges,the undermining of the inherent independence and legitimacy of the judiciary,the undermining of the subjective status of judges,the raising of several ethical issues,namely the issue of personal data protection and the accountability of big data,and the impact on the core values of justice,namely judicial integrity and the rule of law.In the final part of the essay,the author addresses four key issues,namely the impact on the fundamental values of justice,namely fairness and justice.In the final part of the essay,the author examines the problems that arise from the use of big data in the Chinese legal sector and,on this basis,puts forward his own measures and proposals to address the problems.By changing the traditional and inherent awareness of lawyers,by creating and cultivating big data awareness,by promoting combined capacity building,by clarifying the instrumental limitations of big data use,i.e..The Commission will also contribute to the development of the instrumentalisation of the use of big data by:Clarifying the intrinsic specificity of justice,protecting the subjective status of judges,introducing the concept of protection of personal data in the use of Big Data,clarifying the objects of data liability,improving the system design appropriate to protect the fundamental values of justice and other methods,current Big Data by introducing the concept of protection of personal data in the use of Big Data,clarifying the objects of data accountability,and improving the appropriate institutional design to safeguard the core values of judicial power,the current big data has put forward practical solutions and ideas for the current integration of big data into China’s judicial power and better serving China’s judicial power.
Keywords/Search Tags:Big Data Justice, Data Thinking, Judicial Fairness, Judicial Impartiality
PDF Full Text Request
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