Big data analysis is applied in the investigation activities owing to its accuracy,intelligence,and a-daptability.Whether the conclusions drawn from big data analysis can be used as a basis for determining crimi-nal facts cannot be generalized.It is necessary to distinguish between the broad,medium,and narrow defini-tions of criminal big data evidence,accurately define the evidence attributes,and determine the positioning of big data evidence within the evidence system and evidence categories in the field of criminal evidence,as well as the spatial and temporal elements that affect the generation of big data evidence.It is also crucial to clarify the differences between electronic data,big data evidence as indirect evidence,and big data evidence as criminal clues.On this basis,through a hierarchical legislative path,different review rules should be established for ret-rospective/summative criminal big data evidence and predictive criminal big data evidence.This approach allows for the gradual application of criminal big data evidence in criminal trials as a basis for judgment.
关键词
刑事大数据证据/总结性的刑事大数据证据/预测性的刑事大数据证据
Key words
Criminal big data evidence/Summative Criminal big data evidence/Predictive Criminal big data evi-dence
万方数据