Determination and Application of Big Data Evidence in Cybercrime
In the big data era,cybercrime frequently occurs and are more covert,and the emergence of big data evidence has important value for the factual determination of such cases.Considering the inherent nature and practical situation of big data evidence and in China's current judicial practice,judicial officers should temporarily classify it as a statutory type of evidence for appraisal opinions,and when the right time comes,the law related should be amended to separately classify it as an independent type of evidence.When it comes to the application of big data evidence in cybercrime,the investigation has revealed that there are difficulties in the authenticity,acceptability and probative power.The targeted exploration into the future development of big data evidence includes exploring professional auxiliary review mechanisms,keeping a balance between prosecution and defense by control and empowerment,regulating algorithmic discrimination and making relevant rules.
CybercrimeBig Data EvidenceAuthenticityAdmissibilityProbative Force
万方数据
维普
