Research On Evidence Issues In Big Data Analytics Reports

The advancement of big data technology has profoundly impacted the development of evidence law.In the current stage,China’s judicial practice has already applied data materials formed by utilizing big data technology in criminal justice practice,with data materials often appearing in the form of big data analysis reports.The big data materials submitted to the court generally fall into four categories:(1)submitting the carrier of big data as evidence;(2)submitting all data as evidence;(3)submitting part of the data as evidence;and(4)submitting the big data analysis report as evidence.For the first three categories,although they are referred to as big data materials,they still belong to the realm of traditional evidence types such as physical evidence and electronic data,and there are no obstacles in their use or particularities in their examination.However,the use of big data analysis reports as evidence has many controversies,and it is urgent to establish normative standards and theoretical reviews.The full text consists of six parts.The first part is an introduction that delves into the background of applying big data technology to judicial practice,and introduces the research status of big data analysis reports at home and abroad,the focus of this study,and the research methods.The second part empirically investigates the application of big data analysis reports.It clarifies the related concepts of big data analysis reports,summarizes their current application status,and refines the characteristics presented in their application.It analyzes and summarizes the concepts of big data analysis reports,as well as the features of massive amounts of underlying data,dependence on algorithms,and the relevance of analysis conclusions to cases.The third part identifies and points out the controversial evidence issues related to big data analysis reports.These issues mainly include confusion in the evidence positioning of big data analysis reports,the infringement of legitimate rights and interests in the generation and use of big data analysis reports,the difficulty of ensuring the authenticity of the conclusions of big data analysis reports,and the questionable relevance of big data analysis reports to facts to be proven.All these issues need effective institutional regulation and practical solutions,but the academic community has not yet provided sufficient theoretical responses,and further in-depth research is urgently needed.The fourth part comparatively examines the judicial application and theoretical research status of big data analysis reports in foreign jurisdictions.By investigating the review and application of big data analysis reports in the United States,Germany,the European Union,Japan,and other countries,it summarizes the institutional regulations on the acquisition process of big data analysis reports and the review standards for using them as evidence,providing a reference and inspiration for the application of big data analysis reports in China’s judicial practice.The fifth part is a theoretical reflection on the controversial issues mentioned above regarding big data analysis reports.Based on comparative law research and empirical findings,it argues that treating big data analysis reports as expert opinions,electronic data,or documentary evidence is somewhat unreasonable,and proposes granting them independent evidence status in the future.To address the legality issues in the generation and use of big data analysis reports,it suggests establishing rules to regulate the process and avoid infringement risks.It also recommends setting up a review system to ensure the authenticity of big data analysis reports,examining key aspects such as underlying data,algorithms,and conclusions,and improving the review rules for the relevance of big data analysis reports to facts to be proven.The sixth part proposes institutional improvement suggestions for big data analysis reports.It suggests building exclusionary rules based on China’s "flawed evidence" rules,formulating data legality rules from an "embedded perspective" to avoid infringement of legitimate rights and interests,and ensuring the authenticity of the conclusions of big data analysis reports by reviewing underlying data,disclosing and explaining algorithms,testing by professional institutions,and utilizing blockchain notarization technology.To ensure the relevance of big data analysis reports to facts to be proven,it recommends constructing a Bayesian likelihood ratio model for big data analysis reports and examining the relevance between big data analysis reports and facts to be proven.By identifying the issues in the practical application of big data analysis reports,analyzing these problems,and proposing relevant institutional rules,the study aims to facilitate the effective use of big data analysis reports in practice,harnessing their potential to contribute to the field of evidence law and judicial practice.