Research on Criminal Sampling Forensics Under The Background of Big Data
DOI:
https://doi.org/10.54691/89zrwr54Keywords:
Big data; Massive evidence; Sampling evidence collection; Method of proof.Abstract
Sampling forensics, as a method of forensics that has long existed in the field of administrative law enforcement, has been gradually extended to the field of criminal proceedings. In the digital age, there is a large number of homogeneous evidence in some cases, in this case, the public security organs or the public prosecution want to carry out comprehensive evidence will undoubtedly lead to the phenomenon of high cost of evidence, low efficiency, or even can not achieve comprehensive evidence. At this time, the proposal of sampling forensics provides a new way to solve the difficulty of obtaining evidence of a large number of homogenous evidence. However, in criminal proceedings, the application of sampling evidence collection is still in its infancy, and there are still various problems. There are still different opinions on the nature, legality and specific procedure norms of sampling forensics in criminal proceedings. Therefore, this paper will focus on the issue of criminal sampling forensics, its nature, rationality and legitimacy, the problems in practice and the construction of criminal sampling forensics applicable procedures and specific norms to launch a discussion.
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References
[1] W.Y. Zeng, J.P. Zhu: Statistics(Higher Education Press, China 2017), p.17. (In Chinese)
[2] G.Z. Chen: Evidence Jurisprudence(Law Press, China 2011), p.52. (In Chinese)
[3] T.W. Guo: Principles of Evidence Law, Cases and Experiments( China Legal Publishing House, China 2015), p.165. (In Chinese)
[4] Y. Wan, B. Zong: On Sampling Evidence Collection in Criminal Proceedings, Journal of Jiangsu Administration University (Social Science Edition), (2014) No.4, p.120-128.
[5] Z.H. Ma.: On Sampling and Obtaining Evidence in Cyber Crime Cases -- Taking Telecom Fraud as the starting point. Journal of People's Public Security University of China (Social Science Edition), (2018),No.6,p. 69-78.
[6] P.X. Liu.: Simplification of Proof of Cybercrime, Chinese Journal of Criminal Law, (2017)No.6 , p. 24-37.
[7] F. Yang: Legal Response to Criminal sampling Evidence Collection under the background of Massive Evidence, Law Review (2019)No.5, p. 105-112.
[8] Z.Z. Long: The Construction and Theory of "Big Evidence Theory", Journal of Law Studies, (2006)No.5, p. 82-98.
[9] J.D. Kou: Sample Proof of the Crime of infringing Citizens' Personal Information, People's Justice(2020)No.13, p. 32-36.
[10] X.Q. Hu:Analysis of Some Evidence Rules in Criminal Cases of Intellectual Property Infringement, Intellectual Property Rights ,(2014)No. 6, p. 35-39.
[11] Z.H. Ma: On Sampling and Obtaining Evidence in Cyber Crime Cases -- Taking Telecom Fraud Crime as the starting point, Journal of People's Public Security University of China (Social Science Edition), (2018) No.6, p.69-78.
[12] B. Wang, Z.X. Yi: Research on Quantitative Proof Method of Cybercrime, Journal of Changsha University (Social Science Edition), (2021)No.3, p.76-84.
[13] F.M. Chu: The solution mode of Proving difficulties: An Analysis of the case of knowing about drug Crimes, Contemporary Law, (2010) No.2, p.98-111.
[14] Z.Z. Long: Research on the Standardization and Implementation of the Two Evidence Provisions, Chinese Law, (2010)No.6, p.17-32.
[15] Y.J. Wang, X.M. Peng. Measures to improve the representativeness of sample survey, China Statistics, (2011)No.10,p. 51-52.
[16] Z.Q. Shao: The method of determining sample size in sample survey, Statistics and Decision, (2012)No.22, p. 13.
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