The Dilemma of Effective Defense in the Application of Judicial Big Data Evidence and Its Solutions
With the arrival of the big data era,the unique advantages of big data evidence in crime detec-tion and other aspects have made its application an unavoidable link in criminal justice practice.At the same time,the application of big data evidence also presents challenges to lawyers'effective defense,which are mainly manifested in the following aspects:for one thing,the application of big data evidence has an impact on the traditional rights of defense lawyers such as the right to review papers,the right to cross examine evidence,and the right to obtain evidence;meanwhile,lawyers'space and possibility of effective defense are constantly compressed and reduced.For another,the agnosticism of algorithm opera-tion process of big data evidence has caused problems such as"algorithm black box""algorithm discrimi-nation"and"algorithm failure"etc.,which has increased the difficulty of lawyers'effective defense.In view of this,it is necessary to start with the premise,focus and guarantee of lawyers'effective defense,to increase the disclosure obligation of the prosecution's data to ensure lawyers'comprehensive and ef-fective review of the papers;to reasonably reform lawyers'cross examination and evidence collection ide-as of big data evidence to achieve targeted effective defense,and to give the prosecution a limited obliga-tion of algorithm disclosure to ensure that lawyers can effectively defend based on their right to know.
big data evidenceeffective defencealgorithm black boxcross examinationalgorithmic discrimination
NETL
NSTL
万方数据
维普
