Foundational position of criminal big data evidence
In the academic community,the research on criminal big data has encountered numerous controversies regarding the foundational position of criminal big data evidence,such as the conceptual connotation,and the legal status.These controversies have compacted the space for the development of theoretical research and thus need to be clarified.Based on the evidence generation mechanism,criminal big data evidence mainly refers to the analytical results produced by the machine learning algorithms,which is applied,in the criminal proceedings,to calculate a vast amount of case-related data.Narrowly speaking,the terms of"big data evidence,""artificial intelligence evidence,"and"algorithmic evidence"essentially refer to the same research object,and there is no difference in the three expressions.In terms of legal status,currently,it is better to treat criminal big data evidence,respectively in two levels,as reports on specialized issues in practice,and as special scientific evidence in theory.In the future,as the rules for substantive examination of evidence are refined,the independent status of criminal big data evidence should be gradually recognized within the improvement of the statutory evidence type system.
Big data evidenceArtificial intelligence evidenceScientific evidenceReports on special issuesStatutory evidence type
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