The Study On Big Data Analysis In Criminal Cases

In the era of "Internet plus",the intelligence power represented by big data has injected intelligence factors into judicial decisions,and has further enriched the theory of evidence science and proof mechanism.Big data analysis is based on large-scale unstructured data to complete large-scale data analysis in real time and make prediction and decision on the relationship between data.For evidence research,big data analysis technology can carry out large-scale analysis on the Internet full sample complex data,and make quantitative evaluation on the analytical trend of the role mechanism of big data related to events in fact identification,so as to play the role of proof in the form of analysis report.This paper will study the criminal cases related to applicable data analysis,define the attribute of big data analysis opinions,clarify the positioning and value of big data analysis opinions as evidence,and explore the applicable risks and preventive measures of big data analysis opinions.This paper is divided into three parts,the introduction,the main body and the conclusion.The main body is divided into five chapters.The first chapter is to define the content of big data analysis opinions,which lays the core concept of the article discussion.This chapter mainly expounds the source,manifestation and characteristic attributes of big data analysis opinions,and finally defines the big data analysis opinions to delimit the subject range for the scope of the issues discussed in this paper.The second chapter is the core chapter of this paper,which mainly discusses whether big data analysis opinions have the ability to be evidence.First of all,through the discussion of the development process of the admissibility standard of scientific evidence in the United States,we can find the value experience of the United States in the face of the rules of scientific evidence admissibility.Referring to the value and experience of American scientific evidence admissibility rules,combined with the relevant provisions of evidence capacity in China,this paper analyzes the authenticity and relevance of big data analysis opinions,which are the two most controversial aspects in theory and practice.The third chapter mainly discusses the positioning of big data analysis opinion.After analyzing the evidence attribute of big data analysis opinion,the author thinks that big data analysis opinion has something in common with traditional evidence and can be used as evidence.However,in the application,how to apply it legally needs to locate the big data analysis opinion,whether to apply it in accordance with the types of evidence stipulated by the current law,or whether to open up a new type of evidence for its application.The fourth chapter discusses the application status of big data analysis opinions in procedure and practice.On the one hand,it explores the application value of big data analysis opinions in improving litigation efficiency,optimizing evidence mode,comprehensive crime vision,fighting against new crimes,etc.on the other hand,it explores the application of big data analysis opinions in practice in current cases,so as to study Big data analysis in criminal cases provides feasibility support.The fifth chapter is also an important part of this paper.As a new evidence,the application of big data analysis opinion not only aggravates the risk of litigation imbalance and unclear judgment results,but also challenges the judges and the judicial system.In order to prevent the risk of big data analysis opinions in the application level of the fact recognition mode,we need to pay attention to the degree of emphasis,and need the legalization guarantee of expert auxiliary opinions.Judges not only need to improve their own data literacy,but also require judges to select a relatively high plausibility demonstration mode and effectively integrate the conflict claims in the process of case trial,combining with the correlation between big data analysis opinions and the facts to be proved.For the judicial system,on the one hand,it needs to consider the privacy involved in the data and the protection of trade secrets,on the other hand,it needs to consider the channels and ways of data information acquisition,whether it is enough for the defense to exercise the same right of defense.In the conclusion of this paper,the author summarizes the development and theoretical exploration of big data analysis,and expects its future development.