| With the rapid development of society and the deepening of the information revolution,digital technology represented by big data and artificial intelligence has been applied to all aspects of human life,which not only reshapes our lives,but also has a significant impact on the field of criminal justice.In the context of the new era of big data,we should re-examine the opportunities and challenges in China’s criminal justice field.The application of big data not only promotes the transformation and upgrading of criminal justice subjects,improves litigation efficiency and saves judicial costs,but also impacts the traditional criminal defense system.The confrontation between prosecution and defense faces imbalance,and the pursuit of judicial justice value is difficult to realize.Based on this,this thesis explores the existing dilemma of criminal defense under the background of big data and puts forward the countermeasures.The first chapter is an overview of big data and its application in criminal justice.Specifically,it includes the origin and concept of big data,criminal justice big data and its basic characteristics,and the general situation and characteristics of the application of big data in the public security and judicial organs,and then leads to the following discussion on the existing difficulties in the application of big data in criminal defense and how to deal with them.The second chapter mainly analyzes the positive impact of big data application on criminal defense.On the basis of combing the specific application of big data in the field of criminal defense in China,this chapter analyzes and summarizes the positive impact of big data on criminal defense,including improving defense efficiency,improving defense quality and reducing judicial corruption.The third chapter mainly elaborates the realistic dilemma of criminal defense in the context of big data,including the information barrier of the defense caused by insufficient disclosure of judicial data,the lagging construction of the lawyer industry database,the difficulty in obtaining evidence and marking electronic data limits the exercise of defenders’ rights,the weakening of defense effect by big data and its related judicial intelligence system,the compression of defense space by algorithmic black box and algorithmic discrimination,and the difficulty of lawyers’ existing professional level in adapting to the application and development of big data.These problems hinder the exercise of defense rights and are not conducive to judicial justice.The fourth chapter aims at the existing predicament of criminal defense in the context of big data,and puts forward the response path of criminal defense under the background of big data.These measures include strengthening the construction of lawyers’ database,increasing the disclosure of judicial data,safeguarding the right of defenders to access and retrieve data,standardizing the application of algorithms in criminal proceedings,giving defendants the right of reasonable inference and the right to choose intelligent systems,and strengthening lawyers’ "Intelligent defense" to ensure the development of criminal defense and the realization of defense rights in the context of big data. |
