The function of evidence method is to link evidence and criminal proof by objectively revealing the information content contained in evidence. Big data evidence shows unique characteristics of construction and quality diversity,which makes the existing evidence methods at a loss,and it is necessary to rely on the fusion evidence method to provide operational guidance for its litigation application. However,the application of fusion evidence in criminal proceedings may pose a challenge to the existing litigation structure. In this regard,due process protection can be constructed from the two-dimensional attributes of tools and procedures of evidential methods:In the dimension of tool attributes,the role of the judge's out-of-court investigation can be played. In the dimension of program attribute,we construct "equal" rights protection and weaken micro-power.
关键词
证据方法/大数据证据/融合性证据方法/正当程序/权利保障
Key words
evidence method/big data evidence/fusion evidence method/due process/rights protection
维普
万方数据