Legal Dilemmas Encountered in the Judicial Practice of Big Data Investigation in China and Some Suggestions for Improvement

Abstract

Today's big data technology has spread to all areas of society, and the criminal justice sector is no exception. In Chinese criminal justice practice, big data technology has become one of the most common tools used by the police to handle criminal cases and is often used to prevent and combat crime. Given the rapid development of big data technology in China and the many advantages of its application in Chinese judicial practice, its use is becoming increasingly widespread. One of the most prominent applications of big data technology in the criminal justice sector is big data investigation. However, Chinese law does not explicitly regulate big data investigation, and there are still some legal difficulties in its use in criminal justice practice. For example, there are difficulties in the application of Big Data investigation in terms of legal attributes, cross-border data jurisdiction, applicable procedures, interference with privacy and personal information, and Big Data technology bias that need to be resolved. In order to promote a more rule of law for big data investigation in China's judicial practice, the current legal dilemmas faced by big data investigation can be solved by clarifying the legal attributes of big data investigation, solving the difficulties of cross-border big data jurisdiction, regulating the application procedures of big data investigation, coordinating the balance between big data investigation and the right to privacy and personal information, and setting up an independent big data supervision body. Keywords: Big data investigation, privacy, personal information, legal attributes, cross-border data jurisdiction, data regulators DOI: 10.7176/JLPG/122-06 Publication date: July 31 st 2022