Interpretation Of The Application Of Big Data Evidence In Criminal Proceedings

In the era of information globalization,big data applications and technologies have entered every aspect of our lives,and it has gradually influenced the development process of a country’s rule of law theory and practice.On the one hand,this provides a new opportunity for the theory and practice of China’s evidence jurisprudence and criminal procedure jurisprudence.On the other hand,the application of big data evidence has also brought about substantial problems in China’s current criminal procedure practice,such as the difficulty of qualifying evidence,doubtful relevance and difficulties in transformation and application.Therefore,this paper takes big data evidence as the object of study,takes criminal litigation as the main field of application of big data,and attempts to analyze the attributes,characteristics and connotations of big data evidence from both theoretical and practical aspects,and analyze and clarify the specific problems of its application in China’s criminal litigation,and finally puts forward relevant rationalization suggestions.In addition to the introduction,the paper consists of five main parts.In the first part,the basic scope of big data evidence is discussed.The concept of big data,the definition and characteristics of the attributes of big data evidence,and the value of the application of big data evidence in criminal proceedings are discussed.Big data is a data set whose collection,storage,management and analysis capabilities have surpassed the functions of traditional database software,and is a new technology that aggregates and applies existing digital information.Big data evidence is a way of transforming the relevant digital information into evidence of relevant facts through holistic screening and identification.Therefore,big data evidence is essentially digital in nature,and is used to prove objective facts through digital information as a whole.At the same time,big data evidence can be used in criminal proceedings because of its value in saving judicial resources,reducing the difficulty of proof and its unique probative role.The second part is the current situation of the application of big data evidence in criminal proceedings.From the perspective of the type of big data evidence,due to the lack of unified legal norms in China,the district courts apply big data evidence as independent evidence,transformative evidence and circumstantial evidence respectively in the criminal litigation stage,which reflects that the application of big data evidence nowadays is still not clear and uniform.In terms of the application of big data evidence,there is an imbalance in the ability of the prosecution and the defence to use big data in criminal proceedings,manifested by the fact that the prosecution is significantly stronger than the defence,which highlights the fact that there is still a monopoly and non-transparency in the collection and acquisition of big data evidence.In the third part,the problems of the application of big data evidence in criminal proceedings.Combining the previous theoretical analysis and the current situation in China’s practice,it is argued that the application of big data evidence in China’s criminal proceedings mainly has the following problems: First,it does not match the existing types of legal evidence,which leads to questions about its legality and confusion in the application process.Secondly,the difference between mathematical and empirical correlation,and how the chain of big data evidence verifies the empirical causality becomes doubtful.Thirdly,the non-transparent algorithm and the complexity of the technology have led to doubts about the reliability of big data as evidence.Fourth,there is a frequent danger of infringement of individual privacy in the process of collecting big data evidence today.Fifth,given the existence of the problem of evidence bias,the application of big data evidence in criminal proceedings tends to create or exacerbate the trend of inequality between prosecution and defence.Sixth,the lack of rules for reviewing big data evidence limits the better application of big data evidence.The fourth part is the response to the application of big data evidence in criminal proceedings.In response to the above problems in China’s practice,this paper makes the following recommendations: First,big data evidence should be explicitly added to or categorised in the legal code to make it statutory evidence.Secondly,to find the causal relationship in mathematical correlation.Through a large number of practical tests,the "special experience" of "data experience" will gradually be transformed into a generally accepted "common sense" of experience.Thirdly,the reliability of big data evidence will be ensured by publishing the historical accuracy of big data algorithms and implementing a system of expert supporters in court.Fourthly,the protection of citizens’ right to privacy will be strengthened by establishing procedures for the collection and admissibility of big data evidence.Fifth,the adoption of a discovery system and the use of supervision and other means to strengthen the balance and confrontation between the prosecution and the defence in criminal proceedings.Sixth,the rules of review for big data evidence are determined.The review is carried out in terms of the relevance,authenticity and legality of the evidence.In the concluding part,this paper argues that the reasonable application of big data evidence in China’s criminal litigation mainly needs to address two aspects:firstly,in theory and practice,to clarify the basic content and scope of big data evidence,and to focus on the relevance of big data evidence in proving objective facts.Second,in the creation of legal norms and system design,focus on the legality of the collection and collection of big data evidence in the process of application,as well as the overall balance of the existing criminal litigation pattern or system.