数智赋能下非羁押数字监管的现实困境与优化路径OACHSSCD

The integration of technology and the judiciary has led to the emergence of digital justice.Non-custodial digital supervision,as a result of digital justice,has been applied in practice and achieved initial progress.As a coercive measure,noncustodial digital supervision is applicable in criminal proceedings,which not only conforms to the judicial concept of criminal proceedings but also effectively increases the non-custodial rate.In the face of the various problems existing in non-custodial digital supervision in practice,such as confusion in authority,inconsistent application,weak supervision,and digital risks,judicial authorities must address the fundamental issues of unclear nature,lack of legal norms,insufficient digital construction,and insufficient rigidity in supervision.To this end,the position of non-custodial digital supervision as an auxiliary enforcement measure for non-custodial measures should be clarified,and the responsibilities of the public security authorities as the enforcement agency and the procuratorial authorities as the supervisory agency should be defined.The law should provide general principles for non-custodial digital supervision,and through the establishment of a risk quantification assessment system and the design of a scientific hierarchical supervision model,a unified application scope should be established.Supervisory authorities should also enhance the procedural transparency of non-custodial digital supervision to ensure more effective oversight.Furthermore,attention should be given to promoting digital infrastructure,improving platform performance,providing technical support for non-custodial digital supervision,and preventing regulatory vacuum.