Social Sciences in China (Chinese Edition)

No. 6, 2024

On Predictive Justice

(Abstract)

Wang Lusheng

Predictive justice represents a methodological shift towards algorithmic risk prediction and prevention based on systems theory and operations research, adhering to a data-centric empirical epistemology. Driven in response to public security governance imperatives, top-level national initiatives, and innovations in legal and technological fields, China’s predictive justice has developed rapidly. While this has transformed the operational logic of criminal justice by integrating social governance, organizational functions, and rational decision-making, it has also led to inherent conflicts with the values of criminal justice. To align with principled legislation and sound governance, a holistic approach to legality encompassing “regulation-cognition-norm” frameworks is imperative to ensure predictive justice’s compliant execution and stringent application premised on the principle of proportionality. A judicial value-sensitive algorithmic and data governance model is advocated to resolve the transparency-accuracy paradox. Under the framework of normative legitimacy centered on the balanced distribution of digital capital, it is necessary to safeguard judicial autonomy through measured facilitation and fortify litigant engagement via relational ethics.