Application Risks And Legal Regulation Of Judicial Case Big Dat

With the continuous advancement of big data technology and judicial practice,judicial case big data has successfully empowered the transformation of China’s legal service business.Judicial case big data refers to all kinds of party information and data related to the trial process of a case collected and processed by the judicial authorities during the legal trial ruling,which is stored and utilised in electronic form,and thus has both property interests and public attributes.Judicial case big data is an innovative development of big data technology in the judicial field.The legalised application of case big data is a necessary condition for safeguarding judicial authority and the rights and interests of citizens’ personal information,and is also a key step in promoting the orderly development of intelligent justice.Through the analysis of the potential risks of China’s judicial case big data,it was found that the lack of clarity in data ownership,the lack of sound application regulations and the lack of specific protection and relief mechanisms have led to the existence of potential risks such as disorderly application of judicial case big data,regulatory confusion and imbalance of rights.Further analysis reveals that there are a series of rule of law difficulties in the process of legal regulation of big data in cases.The first is the ownership of judicial case big data;the second is the development dilemma of judicial case big data,including the difficulty of collecting and developing case big data,the lack of data integrity,and the problem of poor data circulation;the third is the regulation dilemma of judicial case big data application,including the definition of the scope of "reasonable application",the balance between data justice and traditional justice,the restriction of application and the the third is the dilemma of regulating the application of big data in judicial cases,including the definition of the scope of"reasonable application",the balance between data justice and traditional justice,and the problem of restricting the application and "judicial openness.By examining the current situation of judicial applications of big data in overseas cases,analyzing the open application model and risk prevention measures of big data in overseas cases,we summarize and draw lessons from overseas experiences: the development of big data security and information protection should be carried out under a comprehensive legal framework,while adopting diversified regulatory means and regularly reviewing the effectiveness of the scenarios and effects of big data applications.By analysing the preconceptions of regulatory dilemmas in the application of big data in judicial cases,we will examine the shortcomings and possible lessons from overseas legislation or policies,and propose a regulatory path suitable for China’s national conditions.Specifically,we should focus on the system construction of the regulation of the application of big data in judicial cases,including the formulation of the Regulation on the Management of Big Data in Judicial Cases to strengthen the top-level design and clarify the judicial positioning of big data in judicial cases;establish the basic principles of risk regulation of the application of big data in judicial cases;and construct the ownership structure of "big data in judicial cases belongs to the state".The system of ownership structure and rights and obligations.Secondly,to clarify the specific path construction of the judicial case big data application regulation system.This includes defining the restrictions on the application of big data in judicial cases,strengthening the protection of judges’ personal information and layering regulation with the help of scenario-based theory.Finally,to improve the administrative regulatory mechanism for the application of big data in judicial cases.This includes clarifying the regulatory body and its terms of reference,constructing a risk prevention and assessment mechanism for judicial case big data,and improving administrative remedies for the rights and interests of personal information.