Research On Mechanisms For Risk Prevention And Control Of Legal Big Data Application

In recent years,the application of big data has made great progress in all walks of life.It has a profound impact on people’s production,life style,values and existing social rules system.The judicial field is no exception.Legal people gradually realize that the combination of big data and traditional judicial activities is of great significance.China has begun to strengthen the application of judicial big data in practice,which has played a positive role in improving judicial efficiency,promoting judicial openness and fairness.The invention and creation of human beings are dual.Judicial big data has the positive function of promoting judicial progress,but it also contains certain risk factors,which may have a negative impact on judicial activities.If we do not pay attention to it in time and take appropriate measures to prevent and control it,it can make the construction of the rule of law in China face great challenges.Therefore,there are some unprecedented theoretical and practical problems in the application of judicial big data that need to be solved.The theoretical significance of this topic is to explore what risks may arise from the application of judicial big data and how to prevent them.Based on the interpretation of the connotation of judicial big data,this paper attempts to summarize the risk prevention and control mechanism of judicial big data on the theoretical and practical level,which is separated into four parts:The first part gives a fair summary of judicial big data.This paper expounds the concept of judicial big data,classifies it according to different standards,and studies its technical characteristics,so as to put forward the necessity of developing judicial big data technology in the construction of the rule of law in China.While introducing the features and functions,it also paves the way for the further study of the possible risk problems and the improvement of the prevention mechanism.The second part is the risk of legal order in the application of judicial big data.Because formal rule of law pays attention to legal formalism and formal rationality,while substantive rule of law focuses on substantive justice.Therefore,this chapter analyzes the situation that the application of judicial big data ignores or even damages the formal rationality and substantive justice,and then discusses its negative impact on the formal rule of law and the substantive rule of law.The third part is about the practical risks that may exist in the application of judicial big data.This chapter is mainly from the perspective of judicial workers to study the possible risks in the process of using judicial big data technology.At present,in addition to the technical injuries in the application of judicial big data,due to the dominant position of legal formalism in the research and development process,there may be problems in practice,such as the judge’s personality factors can not be reflected in the trial,the personalized and special protection of human rights and interests may be ignored.The fourth part is to improve the prevention and control mechanism of judicial big data risk.The application prospect of judicial big data,on the one hand,studies from the technical aspects of improving machine learning,strengthening data security and open-source algorithm,depends on the improvement of the existing technical level,on the other hand,depends on the development of legal theory for big data research,so as to improve the mechanism of constraining judicial big data.Therefore,the legal person should do a good job in dealing with it.Only through learning can he really control the judicial big data technology and use it for himself.