Examination And Application Of Big Data Evidence In Criminal Trial

It is found that the current scholars' research on legal issues of big data mainly focused on these aspects: the advantages of using big data in criminal investigation,modeling and analyzing big data acquired by investigation,supporting a specific theory of statistical analysis of big data,using big data statistical analysis as the basis for supporting specific theoretical legal research.A few scholars discuss the proof power and evidence status of big data.Some scholars have discussed the standardization of big data in the investigation stage.Throughout the direction of research,few people have studied how to cross-examine and accept big data in courts.A large number of cases have been retrieved on the Internet,and there is a general lack of discussion on evidence,especially on the admissibility of big data in judgment documents.The court almost adopts the big data analysis report provided by the investigation organ.The big data should be accepted in criminal trials and how to adopt it still foggy.This paper introduces the concept of case combined with big data,discusses the reasoning of big data evidence qualification,the problems existing in the examination and application of big data in the trial,and discusses the big data acceptance rules suitable for China's criminal trial In this paper,massive electronic data and its analysis reports are collectively referred to as big data.Any material can be used as evidence after the amendment of the criminal procedure law.Therefore,big data is a kind of criminal evidence,but there is controversy about its evidence type.Big data is composed of electronic data,but big data is not a loose data set.Big data have the relationship between various electronic data and the logical causal relationship between the facts.When analyzing the attributes of big data evidence,we should evaluate it from the perspectives of both the internal and the external at the same time.Big data that meets the requirements of legitimacy,relevance and authenticity should be accepted in trails.Due to the cutting-edge of the field,the current judicial practice is not uniform,the review and application of big data in criminal trials need to be supported by technical means and need expert participation,also need to rely on empirical logic to eliminate the false and retain the true.The examination of big data should be more strict than ordinary electronic data,and there should be a unified technical platform to guide the use of big data.The first chapter of this paper introduces the problems of big data in criminal trial through three cases,the second chapter elaborates these specific problems,the third chapter elaborates the evidence attributes of big data from the relevance,legality and authenticity of big data evidence respectively,and discusses the big data evidence in detail: the first section through the relevance between data with data and the relevance between data and facts,the second section discusses the legitimacy of big data from the purpose,means and procedures,the third section discusses the authenticity of big data from the integrity,objectivity and technical compliance.After discussing the evidence attribute of big data,this paper gives some suggestions on the review and application of big data in criminal trial according to the characteristics of big data.