A Study On The Relevance And Authenticity Review Of Big Data Evidence

The emergence of big data technology not only changes people’s daily life style,but also has a profound impact on the development of evidence law.All kinds of materials known as "big data evidence" have been submitted to the court,seriously confusing the boundary between the certification materials directly obtained through big data technology and the big data evidence "processed" based on big data technology,Big data evidence should only refer to big data analysis report.The algorithm analysis model established by using big data technology has significant advantages in dealing with massive data,discovering the internal logic between data and mining criminal information.Big data analysis report is the evidence material that can prove the facts of the case through technical methods such as data mining,data analysis,data collision,data comparison and machine learning.Due to the statutory nature of the types of evidence in China,there are some disputes over the types of evidence in big data analysis reports,but this does not affect their role as proof in practice.They are usually used as expert opinions or process materials.In the future,the types of evidence should be clarified by amending the law.Although big data evidence only refers to the big data analysis report itself,due to the inseparable relationship between massive basic data and analysis report,taking the lead in the review of basic data should become the pre procedure for the review of big data analysis report.Relevance,as the threshold of evidence access,should not set too high standards in the review.We should first review the relevance between the data and the facts to be proved,and on this basis,review the relationship between the big data analysis report and the facts to be proved,as long as they have a directional relationship with each other and may have the effect of proof.In the authenticity review,because the original media of big data cannot be extracted or should not be extracted,we must first break through the original best evidence rules and recognize the authenticity of data copies.Secondly,the source,process and conclusion of the data shall be reviewed in the whole process to ensure that the data is "clean and pollution-free".Due to the highly professional nature of big data technology,we also need to conduct "black box test" through disclosure or interpretation of algorithms,reasonably divide the burden of proof,and introduce the assistance of expert assistants to review the authenticity of big data and analysis reports.