Legal Regulation Path Of Big Data Investigation Measures

The use of big data for investigation during the initial investigation stage has the attribute of mandatory measures,which violates the criminal litigation’s setting of only arbitrary investigation measures during the initial investigation stage.It seriously affects data privacy security and data market order.The Party and the state attach great importance to the protection of citizens’ personal information and have formulated the Personal Information Protection Law,aiming to provide legal protection.However,in the field of criminal justice,there is no systematic and effective regulation of big data investigation behavior,gradually exposing the risk of big data investigation infringing on the rights and interests of information processors and information subjects under the lack of scientific supervision.At the same time,academic research and suggestions for improving the regulation of big data investigation are mostly left in the field of criminal investigation and big data evidence after filing,The heated discussion ignored the issue of big data investigation infiltrating into the initial investigation stage.In view of this situation,in order to supplement the lack of big data investigation regulations in China’s initial investigation stage and improve the configuration of data investigation supervision.This article is based on the theoretical framework of the classification of investigation measures in the existing Criminal Procedure Law,analyzes the legal principles and ideas of regulation,and conducts path regulation based on the attributes of big data investigation in the initial investigation stage.The mandatory characteristics of crossing the line are adjusted and corrected using filing standards.Unravel the suspicion chain between information subjects and information processors regarding the "availability and invisibility" of big data investigation,promote the effective connection between data investigation and subsequent justice,and promote the realization of "digital justice" under the legal track.