Research On Digital Criminal Evidence Standards

Under the requirements of the trial centered criminal procedure system reform,the new idea of transforming the original evidence review standard with the help of new technology comes into being.Shanghai and other places in China have carried out relevant pilot projects and formed the digital criminal evidence standard.It is embedded in the judicial intelligence system,and plays two major functions: first,through the qualification examination of single evidence,it realizes the separation of evidence access and proof evaluation;second,it ensures that the evidence of the case meets the requirements of the court trial by constructing a complete inferential chain of the facts.The establishment of the standard of digital criminal evidence has a feasible basis: firstly,unifying the theory of the standard of evidence to open up the process of handling cases in the three organs of public security,procuratorate and law;secondly,the theory of evidence distribution has provided a data basis;thirdly,the vigorous development of emerging technology provides the source for its development;last but not least,the adaptability of the evidence standard and the evidence entity at the check point brings a realistic opportunity for the evidence standard.To realize the effective operation of the standard of criminal evidence in the judicial application,two processes need going through: core elements extraction for evidence digitization,and algorithm guidance for data integration,which have embodied the quantitative logic,empirical logic and subjective logic of intelligent algorithm.From the perspective of China's criminal case intelligent assistant handling system,this paper makes an investigation of judicial application,and then compares with the sentencing assistant system in the United States.It is found that,unlike the popularity gained by artificial intelligence technology in China's judicial field,the intelligent adjudication system is not as welcomed in the United States,with its development being slow.So far,it still takes providing sentencing evaluation suggestion as a major function.Therefore,the causes of the acceptability dilemma and systematic error of the intelligent system should be paid attention to.Combined with the above-mentioned practical elements,this paper analyzes and summarizes the problems of the introduction of subjective elements in the judicial application of criminal evidence standard in China,the accidental systematic deviation and extensiveness caused by the influence of quantitative guidance and algorithm guidance,and the difficulty of acceptability among the public due to the lack of "affinity" in traditional judicial.The solutions lie in the following aspects: first,to properly handle the theoretical disputes of the standard of digital criminal evidence,appropriately grasp the regional and open unified application limits of the standard of digital criminal evidence,alleviate the accidental systematic deviation and reduce the invasion of subjective elements;next,to address the problem of acceptability by improving the "calculation quality" and implementing procedural restriction mechanism to improve the technical defects of the standard.