Review of Big Data Evidence in Criminal Proceedings: Basis of Academic Theory, Practical Pattern and Mode Selection

Big data materials from emerging technologies such as machine algorithms, robots and advanced artificial intelligence are rushing to the courts. Big data evidence as the product of electronic evidence iteration, mainly in the form of analysis results or reports, the use of big data evidence presents more collaborative advance and the characteristics of stage circulation, but big data evidence in technical dimension present data source and algorithm model level defects, in the legal dimension is beyond a reasonable doubt of proof standard, proof pattern and criminal presumption contradiction. The litigation procedure regulation should be carried out by the path correction of big data evidence transmission, the proof mode should be optimized by the probabilistic analysis of big data evidence and reinforcing evidence, and the illegal exclusion rules of big data evidence should be constructed by the illegal infringement of the digital basic rights as the judgment standard.