Abstract: Based on the analysis of the logical correspondence between the "virtual facts"formed by the artificial intelligence technology in the big data eraand the "objective facts"as well as "the legal facts"confirmed in judicial trials,this paper points out the flaws and the crises existing in the legal fact proof system based on objective facts,which supports the judicial fairness under the traditional social form. It also suggests that in the dataera,China must take data property rights seriously and continuously improve the capacity of judicial organs for processingof big data. Meanwhile,it’s necessary to demand data producers to morally "empower"all data owners in the process of formation of data block chain. Only by building a data ecosphere that guarantees every data owner’s right of datasubsistence,can China ensure that the legal fact affirmation system in the traditional sense of justice,especially the system of probation force of evidence and the evidence standard system, can continue to exist reasonably and effectively, and demonstrate the rational capability and the institutional value of mankind in addressing the dual conflicts between fact and value.

Keywords:big data;virtual facts;legal facts;legal effect; probative force ofevidence

The author of this article is the Director of CASS Institute of International Law. This article is published inJinan Journal(Philosophy & Social Science Edition), 7 (2020).