The implementation of the national strategy of big data promotes the resource integration of modern information technology and traditional investigation means, and promotes the birth of big data investigation mode. As a result, China’s social governance mode has changed from passive investigation to active prevention, the case investigation mode has gradually changed from "from confession to evidence" to "from evidence to confession", and the working mode has also changed from "personnel intensive" to "technology intensive". The traditional investigation has achieved great changes in the wave of informatization. However, the theoretical analysis of legal sociology and linguistics reveals that the real veil under big data investigation is the power logic of "discipline and punishment", which makes the subject of investigation power vulnerable to irrational factors such as pressure assessment indicators and personal promotion, and the "dispersion" characteristics of power itself make big data investigation more deceptive. Citizens’ personal information rights will inevitably be violated. Unfortunately, China’s legislation has not yet made clear provisions on big data investigation, which mainly depends on the self-supervision of public security organs in practice. At the same time, the Constitution defines the status of the people’s procuratorate as the national legal supervision organ. Therefore, the big data investigation has formed a two-dimensional power control mode dominated by the internal "hierarchical supervision" of the public security organ and supplemented by the external "procuratorial supervision". However, the defects of this institutional arrangement lie in: on the one hand, the public security organ is "both an athlete and a referee", which is difficult to ensure the legitimacy and necessity of the application of this measure, and the inherent defects of the hierarchical supervision mode also lead to the poor transmission of supervision information and affect the supervision effect. On the other hand the traditional "written" procuratorial supervision can not effectively identify the illegally collected personal data information, the lack of coercive sanctions will also weaken the effect of supervision, and the partial exercise of the procuratorial organ’s investigation power makes procuratorial supervision vulnerable to public security counteraction. Therefore, the intention to restrict the power of big data investigation through procuratorial supervision alone cannot be given too high expectations. Although the "judicial" writ mode of extraterritorial coercive measures approved by judges is highly praised by domestic scholars, the high political status of public security organs also makes this mode not feasible in China. In view of this, under the judicial proposition of "trial centered", playing the combined fist of "legislation and justice" and ensuring the comprehensive protection of the right to personal information have become the best rein in the runaway horse of big data investigation. Specifically, the legislative work of criminal procedure should be followed up in time to correct the right to personal information, and on this basis, fully protect the suspect’s right to know personal information, the defendant’s right to defend personal information and the relief right of the injured party of personal information.