The Defensive Dilemma in Big Data Investigation and Its Countermeasures
The extensive application of big data investigation has made the relationship be-tween the prosecution and defense appear more confrontational and less collaborative,and it is necessary to rely on the concept of effective defense to improve the investigation pattern of the imbalance between the prosecution and defense,and seek substantive confrontation between the prosecution and defense.However,in the investigation of big data,lawyers'defense faces the practical dilemma of insufficient protection of procedural rights and the fact that the defense is a mere formality,which makes the space for lawyers'effective defense constantly compressed.The underlying reason behind this is the contradiction between big data investigation and the principle of presumption of innocence,the principle of equality between prosecution and defense,and the logic of causal proof.In order to reconcile this conflict and improve the effectiveness of defense,it is necessary to improve and strengthen the protection of defense lawyers'procedural rights such as the right to know,the right to read the case file,and the right to investigate and collect evidence under the guidance of the concept of"digital innocence",clarify the auxiliary role of big data technology to the investigation organs on the basis of technological reflection,and promote the organic integration of intelligent technology and criminal defense,so as to realize the transforma-tion of the prosecution and defense relationship to the ideal state of equal confrontation.
Big Data InvestigationEffective DefenseEquality of Prosecution and De-fenseRight to Investigate and Collect Evidence
NETL
NSTL
万方数据
维普
