Research On The Prohibition Rules Of Big Data Evidence In Criminal Proceedings

In a modern society where information technology is becoming more and more powerful,the judicial field is also feeling the dividends of the development of information technology,and the application of big data technology and big data evidence in judicial practice is becoming more and more prominent.Based on the development and improvement of a series of technologies such as 5G technology,AI intelligence,and cloud computing,the acquisition and use of big data evidence in the context of intelligence has become a practical problem that cannot be avoided in judicial activities.Hidden criminal acts require the support of science and technology to assist the investigative organs in their investigation and evidence collection.At present,the big data evidence in the judgment is mostly confirmed by "public security big data platform opening records","big data analysis and comparison","big data analysis and judgment","big data".Data integrated application service platform query","investigation through big data trajectory analysis",and "network security big data research and analysis" appeared.The characteristics of big data evidence are different from the types of statutory evidence,so that the acquisition and use of big data evidence must ensure that citizens’ constitutional rights are not violated.The emergence of big data evidence has the characteristics of the times.The acquisition and use of big data evidence in the form of data sets,data technology and big data analysis will involve the content of evidence prohibition rules,that is,big data evidence acquisition prohibition and big data evidence.Evidence use prohibited.The imperfect rules for the acquisition and use of big data evidence in judicial practice lead to violations of the basic rights of citizens,which makes the research on the prohibition rules of big data evidence more and more important.Starting from the big data evidence,this paper studies the evidence prohibition theory and the illegal evidence exclusion theory through comparative law,and sorts out the application status of the big data evidence prohibition rules in China’s criminal proceedings to construct the big data evidence prohibition rules in my country’s criminal proceedings.