| With the development and social application of technologies such as big data,artificial intelligence,and the Internet,various aspects of human society have gradually undergone the processes of digitization,datafication,and intelligence based on big data and its technology clusters."The era of big data" is an appropriate division of the current technological era under the view of the development of technology.As a long-standing type of power in human society,the power of criminal investigation has also undergone drastic changes due to technological imports in the era of big data and urgently needs theoretical guidance to standardize the operation and development of criminal investigative power.In response to this research need,the academic community has responded to specific problems in the practice of criminal investigative power in the era of big data from the perspectives of improving the legal system and constructing criminal investigation methods.However,from the macroscopic perspective of criminal investigation research,a unified theoretical model for criminal investigative power has not been established to systematically explain how big data and its technology clusters affect and transform the relevant issues of criminal investigative power.The rapid integration and transformation of criminal investigative power by relevant technologies of big data make it difficult for relevant legal rules to timely frame the concept scope of criminal investigative power in law and regulate it,and the definition of criminal investigative power at the legal level cannot cover it.The broad sense of criminal investigative power refers to any general term adopted by the criminal investigative subject that can affect criminal behavior and related personnel and things.Therefore,such a relatively comprehensive concept definition can be used as the research object of the changes in criminal investigative behavior in the era of big data.Based on the broad definition of criminal investigative power,the structuralist research method can be used to conduct stable and universal structural research on criminal investigative power,and to take the transformation of the structure of criminal investigative power as the starting point for understanding criminal investigative behavior in the era of big data.In terms of theoretical characteristics,structuralism and its methods adhere to the principles of naturalness,synchronicity,and totality of structures,which means that the structure of things is a stable and unchanging "scientific conclusion." Focusing on the research of criminal investigative power,structuralism pursues a scientific structure that is of no value in social sciences,which meets the urgent research needs of the basic theory of criminal investigative learning.However,under the research topic of structural change,it is necessary to abandon the theory of structuralism,reject its rigid features in methods,and confine stable structures to the natural structural level while acknowledging the postnatal influence of human simulation on the structure of things,namely,simulated structure.Through the structuralist method,the concept system of investigative power is studied,which is a natural type of power existing in human society and is born with criminal behavior.Its natural structure exhibits stability and universality,with the origin structure referring to the binary opposition relationship between "crime-investigation," and the basic structure referring to the four elements of investigative subject,investigative method,criminal behavior,and social order,which correspond to the subject of power,method of power,object of power,and purpose of power in the power structure.In addition to natural structures,investigative power is also influenced by simulated factors of human society,represented by legal systems.Under the basic structure,investigative power also has a postnatal simulated structure,which refers to the sub-elements of the basic structure.Such sub-elements are influenced by factors such as human society culture,legal systems,and technological levels,and gradually form the principles and rules that guide the operation of investigative power,which is the structural content that changes over time due to changes in the times.Using traditional and scientific technologies as a basis for historical stages,this paper examines the structural changes in the investigative power caused by the application of technology throughout history.It concludes that there are limitations to the structural changes in investigative power,and that investigative methods are the logical starting point for such changes.It also finds that the application of technology in criminal investigation follows a spiral upward trend,and that technological methods have become the core elements of the investigative method system over time.From the perspective of the investigative power structure in the era of big data,the technology cluster represented by big data exhibits an intelligent and data-driven theoretical state,and in practice,it has rapidly spread to various aspects of human social life.The investigative power is also undergoing a comprehensive structural transformation under this technological state.In terms of the sub-elements of the investigative subject structure,there are chaotic situations arising from the diffusion of technology,which has led to other judicial and social entities being endowed with investigative power.The intelligentization of technical tools has also had an impact on the subjectivity of individuals in investigative power.In terms of the structure elements of the criminal behavior,the use of big data technology by the criminal investigation subject provides certain initiative in predicting and mastering the trend of criminal activities,leading to a change in the primary and secondary relationship between "crime-investigation".To cope with the new trend of non-contact and cross-regional crimes,criminal law has adopted an expanding legislative trend,bringing more behaviors into the category of criminal behavior.In terms of the structure elements of the criminal investigation methods,the use of big data in criminal investigation has brought both positive and negative impacts on the individual citizen’s rights,and the embedded intelligent algorithms in specific methods naturally contain the risk of bias.As for the social order element,the frontend,upstream and lightweight crime governance has become a new interpretation of social order concept,while the intelligent investigation methods provide the criminal investigation subject with the function of predicting criminal activities,which challenges the criminal investigation principle of "post-crime investigation."Given the comprehensiveness,intensity,and irreversibility of the structural changes in investigative powers in the big data era,a two-way adaptation theory between institutions and technology is proposed,with the second-order evaluation method of combined structure and legality serving as a guide for the two-way adaptation.Firstly,in terms of investigative subjects,while granting investigative powers to other subjects may be structurally appropriate,it is not necessarily legal,so institutional differentiation of investigative powers using big data is needed.Additionally,intelligent entities essentially violate people’s innate attributes in the natural structure,so the instrumental nature of intelligent technology should be clarified to ensure people’s subjectivity.Secondly,in terms of criminal behavior,the changes in the primarysecondary relationship between "crime-investigation" do not change the interactive relationship between the two,which is structurally and legally appropriate.The expansion trend of criminal law exhibits both a consistent legal structure and legal characteristics,but the principle of modesty also requires a more reasonable expansion path.In terms of investigative methods,although the negative impact of big data investigation on citizens’ rights is structurally consistent,it is not legally compliant,and a comprehensive balance should be struck between the demands of the rule of law and the positive impact of citizens’ rights,with external control forces represented by prosecutorial supervision being introduced to mitigate the risk of algorithmic bias.As for social order,the concept of crime control is reasonable,but the crime prediction function places non-existent crimes in the evaluation of investigative power,violating the dual structure of "crime-investigation" and attention should be shifted to crime prediction or prevention. |
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