Author Information

Li Xuejun, Professor at Renmin University of China Law School, PhD Supervisor, Researcher at the Criminal Law Science Research Center of Renmin University of China, Doctor of Law

Qi Chenhang，Lecturer at Renmin University of China Law School, Postdoctoral, Doctor of Law

Abstract

The technological advancement of investigative verification is a focal point in the construction of the big data-based legal s upervision,and also has a radiating impact on the performance of duties by the public security and judicial organs. Utilizing the publicize d cases of big data-based legal supervision as an analysis sample,the coercive impact of investigative verification on personal informati on,as well as issues concerning the competition and cooperation among investigative authorities were examined. It suggested that "tech nological empowerment" ,despite a positive role in the relation between promoting the performance of legal supervision duties and publi c prosecution and supervision in pre-trial procedures, engendered legal questions. For this reason, it is necessary to precisely delineate the exclusive powers of criminal justice,design punishment rules for transgressive exercise of power and curb the overall trend of techno logical empowerment. The scope prosecutorial investigation should be expanded and the "flexible investigative power" activated as "saf eguard" power outside public security investigation to undertake spillover technological functions of big data legal supervision. Besides, a specialized prosecutorial investigative department is proposed to set up, independently exercising investigative power,thereby addressi ng the issue of pre-trial procedural control failure caused by centralized power.

Keywords:Big Data Legal Supervision；Investigative and Verification Measures；Proactive Investigative Power；Technology-Enabled Empowerment；Police Investigations