Big data analytic is characterized by a plural nature, scientific, positivism and utilitarianism, which should not be used indiscriminately in criminal procedural justice. Rectifying the methodology error, reserving Vorverstandnis of Juristiche Dogmatic, dig out the digital nature of procedural justice: add requirements of data authenticity and knowability, and guarantee suspects the right to correct data and access to the algorithm. Meanwhile, establish a principle of non-discrimination, and in favour of the accused. In addition, establish four standpoints: big data analytic should be defined as new category of rights for the suspects, rather than power of the judicial department, auxiliary rather than substitution, assist for measuring penalty rather than conviction, and falsification rather than confirmation.