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Standard And Perfection Of Criminal Evidence Standard In The Age Of Artificial Intelligence

Posted on:2019-10-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
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Every revolution in human technology will have a significant and far-reaching impact on the progress and progress of society.The most striking feature of our times is the rapid development and comprehensive application of information technology with the Internet,big data,cloud computing,artificial intelligence as the core.On July8,2017,the State Council issued the "New Generation Artificial Intelligence Development Plan",which explicitly upgraded the artificial intelligence to the national strategy,and proposed to introduce artificial intelligence into judicial management to promote the modernization of social governance.Criminal justice and technological development have always been closely linked,whether investigation or material evidence are inseparable from technical support.If artificial intelligence is to be introduced into judicial management,the best entry point is undoubtedly the field of criminal justice,especially the criminal evidence standard.With the deepening of the application of big data and the perfection of the litigation database of the public prosecution law system,and based on the need of the reform of the litigation system centered on trial,the artificial intelligence is introduced into the criminal justice field,and the artificial intelligence technology is used to assist theperfection of the criminal evidence standard,so as to avoid the occurrence of unjust and false cases to the greatest extent.It is a realistic possibility and an urgent need.Analysis 34 major criminal cases,such as NieShubin case and Huge Gillerpattern,corrected by the People's Court through the procedure of trial supervision since the 18 th National Congress of the CPC.Apart from the influence of objective factors such as the judicial environment and criminal policy at that time,the main reasons are unclear facts,insufficient evidence or flaws.Then,standardizing and perfecting the standard of criminal evidence,forming a unified and clear standard system of criminal evidence,for standardizing the criminal procedure,optimizing the collection of criminal evidence and fact-finding,to avoid unjust,false and wrong cases have a very important role.The standard of criminal evidence refers to the standard of what evidence should be collected and how to collect evidence in the course of handling a certain kind of case.It is the concretization and standardization of the standard of legal proof of "The facts of the crime are clear and the evidence is reliable and sufficient".Compared with the standard of proof,the standard of evidence pays more attention to the study of evidence norms,such as whether the evidence material is fixed,whether a single evidence is qualified,whether multiple evidences are self-consistent,whether the evidence chain is complete,and so on.It can be said that the standard of evidence is the basis and premise of the standard of proof.Compared with the complex value judgment in criminal procedure such as investigation,prosecution and trial,the judgment of criminal evidence standard is the judicial field in which artificial intelligence can easily enter and play an effective role.Criminal evidence itself has obvious normalization characteristics.First,the vast majority of evidence provided by the prosecution and collected,fixed in the stage of investigation,so that the development and use of public prosecution law three uniformly applicable auxiliary systems,the establishment of intelligent criminal evidence guidance is necessary and necessary.Secondly,there is a large number of procedural evidence used to prove the progress of litigation process is legitimate,which can give full play to the functions of intelligent equipment in evidence verification,leak detection and filling the gap,and reduce the negligence of public security and judicial personnel in evidence collection and review.Thirdly,a largenumber of cases have prominent typological characteristics,and the types of evidence in the same crime and similar cases tend to show a considerable degree of homogeneity,which creates a prerequisite for the establishment of a case handling assistance system based on the crime model,and lays a foundation for the use of large data and cloud computing to test the integrity of the evidence chain.In addition,in recent years,the rapid development of the Internet,big data and artificial intelligence technology,also provides a strong technical support for artificial intelligence and criminal justice,especially criminal evidence in-depth integration,making judicial modernization more and more possible.Based on the knowledge reserve of criminal jurisprudence theory,the realistic requirement of basic evidence standard guidance,and the strong support of artificial intelligence technology,we can explore the establishment of criminal evidence intelligent assistant case handling system.By embedding uniform and applicable evidence standard into the data case handling system,the system has evidence standard guidance and single evidence proofreading.The functions of examination,evidence chain and evidence review in the whole case should be focused on solving the main problems that restrict the field of criminal justice evidence,especially the standard of criminal evidence,optimizing the collection of criminal evidence and the investigation of facts,and avoiding the occurrence of unjust and false cases.Auxiliary case handling system is mainly used in the following aspects: first,to establish a large data database for criminal cases,to lay a good data base for customized search and machine learning;second,to formulate a unified guide to basic evidence standards in criminal cases,to provide layered,classified and segmented guidance for the collection of evidence for investigators;third,to construct criminal evidence model.According to the model,it is convenient for the investigators to examine and judge the evidence and provide evidence basis and support for the final court decision.Fourthly,it is necessary to realize intelligent verification of evidence materials,including single evidence verification,arrest conditions review,evidence chain and evidence review and judgment of the whole case.Fifthly,to establish a unified network platform for cases,using "one network,four platforms" to achieve datasharing,build an integrated data exchange center applicable to the public security division.Compared with the traditional way,the criminal evidence standard system based on intelligent assistant system has obvious advantages,such as unified standards,standardized case handling,improved efficiency,information sharing,rules optimization and so on.The application of artificial intelligence in the field of criminal justice is a new scientific and technological innovation,in the process of promoting will also encounter more difficulties and resistance.Firstly,legal problems,including the law itself is not circumscribed,criminal means and evidence types of development and criminal standards of proof raised higher requirements for the standard of evidence;Secondly,technical problem,including the requirement of standardization of the previous lawsuit work,the workload of marking evidence one by one,and the time cost of the learning process;the third is the positioning problem of artificial intelligence,it is necessary to fully and clearly understand the role that artificial intelligence should play in the field of criminal justice and the evidence standard system;the fourth is the ideological problem,some investigators,prosecutors and judges are still right at this stage.The application of artificial intelligence has all sorts of doubts and even sniffed.The author holds that artificial intelligence should be positioned as an assistant tool for judicial official to handle cases,play the role of "intelligent assistant judge","intelligent assistant procurator","intelligent assistant investigator".It can help optimize the criminal justice work,provide scientific and technological tools for solving judicial problems and promoting judicial work,and accelerate the construction of a fair,efficient and authoritative Socialist judicial system.
Keywords/Search Tags:criminal judicature, criminal evidence standard, artificial intelligence, false and wrong cases, assist in handling cases
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