Study of Law-Based Governance on All Fronts
Sun Mingze, Liu Lin
With the rapid development of big data technologies, investigative models are undergoing a profound transformation. Owing to its powerful data-processing capacity and advantages in digital analysis, big data investigation has become an important component of modern criminal governance system, serving as a crucial tool for combating intelligent and complex criminal activities. However, while this technology-driven investigative model enhances investigative efficiency, it also significantly expands the boundaries of public power, posing potential threats to personal information security. Drawing on literature analysis, comparative research, normative analysis, and other methods, this paper identifies critical challenges in the field of big data investigation in China, including an incomplete and fragmented legal framework for personal information protection, insufficient constraints on investigative authorities in the process of collecting and processing information, and inadequate remedies for individuals whose rights have been infringed. In the process of empowering judicial practice with digital technologies, a balance between power constraints and rights protection must be achieved. In big data investigation, efforts should focus on establishing a high-level, systematic legal framework for big data investigation through multi-department collaboration, developing a tiered system for the approval, processing, and oversight of personal information data, improving the administrative public interest litigation system for personal information protection, expanding avenues for citizen rights relief, etc. The innovation of this paper lies in introducing, on the basis of existing theories, new measures such as the classification and tiered system of personal data and administrative public interest litigation. These measures not only preserve the effectiveness of big data investigation, but also place stronger constraints on the exercise of public power, so as to promote the coordinated development of technological empowerment and rights protection, fully leverage the positive role of big data in crime prevention and control, and effectively curb the risk of public power abuse, ultimately achieving an organic integration of digital justice and investigative efficiency and promoting the standardized big data investigation within the framework of the rule of law.