| The development of modern science and technology has affected all aspects of our work and life.Technology as the primary productive force has not only reshaped our lives but also has a major impact on all aspects of criminal litigation.At the beginning of the involvement of modern technology such as big data and artificial intelligence in criminal proceedings,people often hope that it can help us improve the efficiency of litigation.However,fairness as a basic value pursuit of criminal proceedings can not be absent.This article is based on this,explores the positive and negative impacts of the use of high technology on criminal defense in the era of big data and artificial intelligence,and proposes solutions to negative impacts.The first chapter,firstly expounds the basic concepts of big data and artificial intelligence,and analyzes the basic characteristics of big data and artificial intelligence.locate the role of big data and artificial intelligence in criminal proceedings: modern technology such as big data and artificial intelligence can only be used as an auxiliary tool for criminal proceedings,and cannot replace the subjective position of human beings.Secondly,elucidate the use of modern technology such as big data and artificial intelligence in different organizations,For example investigation organization,procuratorial organizations,trial institutions,judicial appraisal institutions and lawyers’ industries was examined.In general,agencies and industries pay great attention to the use of big data and artificial intelligence,but they are still in the early stages of exploration.Thirdly,analyze the mainly forms of modern technology such as big data and artificial intelligence when it is used in criminal proceedings: cooperation between various agencies and sharing of data;automatic input of case information into the system,;supervision of all aspects of litigation.The third chapter,proposes that lawyers should be given data rights to cope with the negative impact of big data and artificial intelligence on criminal defense.The subject、object and content of the lawyer’s data rights are analyzed.The source and basic nature of the lawyer’s data rights are studied.It is believed that the lawyer’s data right comes from the extension and development of the right to defense.It is a constitutional basic right and belongs to the private right in public law.It is necessary to realize the lawyer’s data right,which is conducive to expanding the research system of data rights,achieving effective defense and ensuring equality of prosecution and defense.Then,this chapter proposes to realize the right of lawyers to obtain data,and to classify data acquisition methods according to the different subjects of data possession.In addition,we must adhere to the top-level design and build a unified database.Finally,the basic principles of lawyers’ exercise of data rights are proposed,including the exercise of lawyers’ data rights are limited in the criminal proceedings,No damages to the prosecuted,No infringement to other’s legitimate rights No use of false data,No falsification of data.The fourth chapter,based on the impact of big data and artificial intelligence,proposes a guarantee mechanism for criminal defense.According to the opacity of the algorithm and the problem of algorithmic discrimination,the basic principles and methods for accountability of the algorithm are proposed.At the same time,it is proposed that lawyers and lawyers associations should actively face the trend of modern technology and take action to make changes.Lawyers should actively learn new legal retrieval techniques,attach importance to the use of electronic evidence,and innovate ways to prove evidence.As a self-disciplined institution in the lawyerindustry,the lawyers association should increase the training of lawyers and improve the pertinence of training courses.The lawyers associations should actively seek the data right from the public authorities,safeguard the legal rights of lawyers,and strictly enforce the law and combat the lawbreaking by lawyers. |
