侦查中的大数据挖掘技术法律属性辨析

Analyzing on the legal attributes of big data mining technology in investigation

作为一项新兴技术,大数据挖掘技术已在当代侦查活动中得到广泛应用。由于大数据挖掘技术的独立运用范围愈发广泛,难免造成普通民众的正当权益遭受侵害。大数据挖掘技术符合学界和司法实务界对技术侦查措施的主流界定,因此理当属于技术侦查措施而非辅助统计分析手段。同时因大数据挖掘技术符合学界对强制侦查措施划分的法理要求,即便信息是相关人员自愿提供,也不能否定其强制侦查措施的性质,因此还理当归于强制侦查措施而非任意侦查措施。

As a new technology, big data mining technology has been widely applied in investigation nowadays. With the big data mining technology is applied independently more and more widely, it’s hard to avoid injuring the justice rights of common people. As big data mining technology meets the mainstream definition to technical investigation measure from academia and justice practice, we judge it as technical investigation measure, not assisting statistics analyze method. And meanwhile, as it conforms to the legal principle of classification on compulsory investigation from academia, even if the information is provided by related personnel voluntarily, it also cannot deny the attributes of compulsory investigation measure, that is to say, the big data mining technology can be judged as compulsory investigation measure, not consent investigation measure.