A Discussion On The Transformation Of Duty Crime Investigation Pattern Of Big Data Era

The development of scientific technology is not only changing human life style and working methods in various degree,but also produces indispensable influences to the law enforcement activities of judiciary authorities.The development of computer technology,network technique and big data technology has changed human life,working environment completely,and brought people to the era of big data.Investigation and prosecuting apparatus plays a dominant role in striking crimes by taking advantage of duty regardless in the past or today when the era of big data is coming.However,it influences the dual tasks of the state to punish crimes by taking advantage of duty and guarantees the human rights of criminal suspect whether the investigation modes of investigation and prosecuting apparatus of crimes by taking advantage of duty is reasonable,whether configuration of procuratorial power is scientific and reasonable,whether the technical investigation is perfect,whether cultivation of investigation personnel is in place,and whether concept of handling cases keeps pace with the times.To speak in a way,“A state can be flourishing or declined because of politics”.Crimes by taking advantage of duty erodes the state political power directly,and it also damages the rights and interests of the state and people,so they are also crimes that every ruling class have been striking all the time.In view of this,under the condition that characteristics such as huge mass of big data,various data type,low value density,rapid processing speed bring effects to crimes by taking advantage of duty,technologies such as big data analysis and new evidence documents such as data analysis report produced by it let the methods of obtaining evidence and modes of proof of crimes by taking advantage of duty face challenges and opportunities.So in the era of big data,it is necessary for us to review and explore the investigation modes of crimes by taking advantage of duty.Taking the recent situation of investigation of crimes by taking advantage of duty of investigation and prosecuting apparatus in China after the modification of criminal procedure law as the big background,this paper analyzes problems existed in the investigation practice of crimes taking advantage of duty,combines with the major role of criminology,science of procedure laws,theoretical knowledge of evidence science and big data in investigation and proposes data oriented investigation mode of crimes by taking advantage of duty without escaping from the actual practice and starting from the necessity of the transition of investigation modes of crimes taking advantage of duty.Then it makes feasible analysis to this mode,and focuses to discuss on the realizing routes and methods.This paper is divided into four chapters:Chapter One emphasizes the major role of big data through revealing the concept,characteristics of big data and the influence of big data to human social life,work and investigation work so as to arise discussion and reflection to the investigation mode of crimes by taking advantage of duty in force in China.Chapter two mainly illustrates the current situation and disadvantages of investigation modes of crimes by taking advantage of duty in force in China through analyzing the concept of investigation modes of crimes by taking advantage of duty and classification of investigation mode as well as the analysis to the disadvantages in the operation of investigation modes of crimes by taking advantage of duty and factors.Chapter three mainly discusses the new “data oriented type” investigation modes of crimes by taking advantage of duty through analyzing the concept,characteristic,operation principle,operation feasibility and existed problems of “data oriented type” investigation modes of crimes by taking advantage of duty.Chapter four explores and realizes “data oriented type investigation modes” through advocating methods such as legislation method,strengthening investigation with technology,cultivation of comprehensive talent,integrated construction of investigation and establishment of information database of crimes by taking advantage of duty.Above all,the writer hopes to arise the attention of jurisprudential circle and legal practical department to social elites and investigation modes of crimes by taking advantage of duty so as to promote the smooth transition of investigation modes of crimes by taking advantage of duty,let it follow the steps of the era of big data and adapt to the development of the era.