A Research On Big Data Detection Measures

Due to the rising popularity of big data processing technology,the technology of data processing together with other industries structure into "big data+" pattern has become a general trend.The investigation stage not only plays a crucial role in the effective detection of criminal cases,but also plays a decisive role in the subsequent trial work manifest the fairness and justice of criminal law.The main purpose of this thesis is to explore a series of procedural measures to improve the big data detection steps by in-depth discussion and analysis.The first chapter of this thesis discusses the changes of concepts and models of investigative measures in the context of big data technology.The traditional investigative methods in China are designed mainly to find traces of criminal suspects in on-site investigations,physical evidence investigations,manual surveillance,rehearsal visits and the use of mass power.But in an era of rapid popularization of network data,and then using a single investigative mode cannot fully adequately capture important evidences related to perpetrators.Big data investigations will inevitably impact upon the traditional investigative concepts and implementation models.How to balance and integrate big data investigations with traditional investigations,and make them interact with each other are the emphasis of future investigation.The second chapter analyzes the relevant proof rules for retrieving evidences in big data investigation.The rules of evidence directly affect whether evidences have proof force or not,and also affect the magnitude of proof force.How to locate evidences or analysis conclusions obtained by big data technology,and how to apply them in several important evidence rules are the main problems that need specific analysis.The third chapter points out some potential pattern flaws in big data investigation Criminal law is modest,but the penalty will directly restrict the freedom of people or even deprive of life,so it is necessary to use this kind of electronic evidences prudently in the conviction and sentencing.Investigation organs shall guarantee the evidence obtaining program has legitimacy.Although the big data investigation can be more real and objective,it is possible to modify and forge some data,and the shortcomings of the technology itself should also attract the attention of investigating agencies.Due to the rapid development of science and technology,the functions implemented by various advanced science and technology products not only facilitate the needs of people's lives,but also provide criminals with the convenience of committing crimes.Undoubtedly,the implementation of crimes in the network virtual space increases the difficulty for investigators to retrieve evidences.Criminals have also begun to attach importance to the use of various knowledge to improve the success rate of crimes.Many difficult cases have failed to catch criminals because of criminal's strong anti-investigation consciousness.While using big data technology to retrieve evidences,investigating agencies should also pay attention to the limitation of the scope of retrieval,and avoid infringement on the basic rights of citizensThe fourth chapter argues the specific working mode of big data investigation and its application in practice.Due to the prevalence of electronic devices nowadays,most users open the functions of software's storage and automatic positioning for convenience.During the investigation,investigators can extract data from electronic devices and analyze the hobbies and actions of criminal suspects.In addition,the phone records and software for social use which are played by suspects can be analyzed to decide the scope of their interpersonal communications by investigators.After investigating scenes and collecting evidences,investigators can make a collection of information hidden behind evidences and entire data chains.If the use of big data mining technology can find potential connections between seemingly unrelated evidences,it can provide a basis for professional investigators to analyze and predict the behavior of criminal suspects.At the same time,it is also possible to draw criminal psychological portraits through big data processing technology,to restore crime scenes through virtual reality technology,and to draw conclusions through positivist methods for determining final criminal suspectsThe fifth chapter introduces how to use in the better way emerging big data investigation measures in the investigation field.In terms of legislation,law enforcement and judicial supervision,more specific plans are made for the implementation of big data investigation.In terms of legislation,the detailed provisions on data collection and extraterritorial data retrieval should be strengthened.In the aspect of law enforcement,the establishment of data sharing mechanism which ensures the law enforcement of investigation organs is more efficient and convenient.In the judicial field,the establishment of specialized supervision institutions and detailed procedural norms will put the right of big data investigation into the cage of the law,and the improvement of the ways in which citizens can remedy their rights after big data investigation measures may cause damage to citizens.