Social Sciences in China (Chinese Edition)

No. 7, 2024

 

Structural Optimization of Criminal Procedure Rights in the Context of Digitalization

(Abstract)

 

Zheng Xi

 

The structural optimization of criminal procedure rights in the context of digitalization is of great importance for achieving fairness and human rights protection in criminal justice. At the microstructural level, the elements and requirements of criminal procedure rights should be updated to meet the demands of digitalization. At the macrostructural level, criminal procedure rights can be classified horizontally into procedural disposition rights, procedural progression rights, and procedural safeguard rights; vertically, criminal procedure rights can be divided into four levels based on interest factors. The structural optimization of criminal procedure rights can be reflected at the normative level by appropriately positioning the rights stipulated in the current Criminal Procedure Law while providing guidance for the future introduction of emerging rights.