Construction and Risk Prevention of Big Data-assisted Judicial Proof in Digital Age
Big data-assisted proofing enhances the scientificity and accuracy of fact identification.Guided by holism,efficiently organizing data through big data technology and integrating experience allows for proof-form type guidance in the evidential reasoning process by summarizing inferential propositions and facts in cases.Evidence evaluation can be aided by data verification of evidence standards and scientific probability evaluation of proof power.If big data intelligence is worshipped irrationally,it may become a new form of divine judgment.The rationalist tradition may be eroded by big data-assisted proof,which can also lead to problems,such as the challenge of controlling cognitive bias,blurring out of the burden of proof,and replacing epistemological probability with objective law.Furthermore,the risks of fact-finding are multiplied in terms of error,cost,tort,and ethics.To cope with the challenges,the emphasis on judicial proof should shift from information regulation to risk prevention,and stick to auxiliary data technology,cognitive interaction between litigation subjects and external testability of evidence.If isolation,warning,or countermeasures are not enough to prevent the risk induced by the big data auxiliary proof,the risk in the proof process must be apportioned reasonably.The development and reflection of intelligent proof verification systems and social risk assessment systems can benefit from clarifying the structure and risks of big data-assisted proof.
evidence reasoningevidence evaluationholism proof modelexclusion of illegal big data evidencealgorithm governance
万方数据
维普
