Big data criminal investigation refers to the investigative behaviour of investigative agencies in collecting and analysing massive data stored in networks and computer systems through information technology,so as to discover criminal clues,evidence information or criminal suspects.Unlike traditional investigation,big data criminal investigation is often used to collect clues before filing a case,and achieve more effective crime prevention and crackdown through the integration of'intelligence-investigation',which also circumvents to a considerable extent the legality review mechanism for investigative acts constructed in criminal proceedings,leading to the failure of the traditional procedural sanction mode,and exposing citizens'personal information to great danger.This also circumvents to a considerable extent the mechanism for reviewing the legality of investigative acts established in criminal proceedings,leading to the failure of the traditional procedural sanctions,and exposing citizens'personal information to great threats.In order to overcome this shortcoming,the mode of substantive sanction should be introduced,the new fundamental right of information self-determination should be established in the Constitution,and the principles of legal reservation,proportionality and core area protection should be accurately understood and applied,so as to realise the effective regulation of big data investigation.
关键词
大数据侦查/信息自决权/实体制裁/法律保留/比例原则/核心领域
Key words
big data investigation/information self-determination/entity sanction/legal reservation/principle of proportionality/principle of protection of core areas
维普
万方数据