Research On The Protection Of Civil Rights In The Collection Of Electronic Data In Criminal Procedure

With the rapid development of modern information technology,no matter people's life or work or communication are inseparable from the data scene,so that the recording of personal work,life,learning and other aspects of information covers all aspects of people's life,electronic data has become the carrier of various human activities.At the same time,through deep mining and analysis of electronic data,people have greatly broadened and deepened human understanding of things.In the criminal procedure law of 2012,electronic data is regarded as legal evidence.Through statistics,it is found that the proportion of electronic data as legal evidence in criminal litigation practice is increasing,and it has gradually become an indispensable type of evidence in modern criminal litigation.In order to avoid face-to-face contact,criminal suspects often use virtual space and scenes to commit non-contact crimes.Many crimes of property invasion are carried out by means of online transfer.Although it is a traditional crime,electronic data reflecting criminal activities,criminal tracks and other criminal behaviors will be left with the use of the Internet.Due to the accuracy of electronic data records,the universality of content and other reasons,it is increasingly becoming an important evidence for the detection of all kinds of criminal cases,which is known as the "king of evidence".With the development of big data,big data investigation is more widely used.People face big data investigation,which can be said to be transparent people.The characteristics of data relevance make it easy for the collection and use of electronic data to touch people's constitutional rights,infringe on the basic rights of privacy,property rights,personal information exchange rights,and so on.The protection of civil rights in electronic data collection has attracted more and more attention of the public and the legal community.Compared with the relevant laws at home and abroad,China's laws and regulations in this area are still too principled,and the specific specifications are not systematic and detailed.In the process of electronic data collection,there are no corresponding relief measures when the civil rights are violated.These problems need to be solved urgently because they affect or threaten people's basic rights.In order to balance the relationship between the control of crime and the protection of rights,on the basis of strengthening the proof of criminal facts by electronic data,it is more necessary to regulate the collection of electronic data,establish standardized collection procedures,complete rights protection procedures and effective relief procedures,so as to protect the basic rights of ordinary citizens from infringement and the data rights of suspects and defendants It is of great significance to realize the justice of criminal procedure and entity in a civilized way.This paper focuses on the protection of the right of electronic data collection,aiming to promote the modernization of criminal procedure through the improvement and construction of right protection and right relief.This paper is based on the collection process of electronic data in criminal proceedings.It focuses on the protection of rights in the process of data collection.Besides the conclusion,the other chapters are as follows:In chapter one,it expounds the background and significance of the current research on the protection of rights in electronic data collection.Based on the analysis of the situation of human rights protection of domestic electronic data collection,this paper summarizes the shortcomings of rights protection in China's electronic data collection,introduces the research situation of domestic and foreign scholars on relevant issues,and puts forward the research ideas,research methods and research framework of rights protection in China's electronic data collection process on the basis of existing research.In chapter two,it analyzes and defines the concept of electronic data and rights protection,and defines the basic concepts related to electronic data and rights protection,mainly including the concept and development process of electronic data and rights relief.At the same time,it explains and discusses the use of tools,technical means and scope involved in electronic data collection,so as to provide theoretical support for further research Hold on.In chapter three,it discusses the ethical basis,legal basis and theoretical basis of data inequality from the aspects of ethics,constitutional rights and data inequality.It is divided into three aspects to discuss the basic role of the three for the protection of civil rights.With the help of the ethical basis of rights protection,it discusses the basic role of ethics between people and between people and Society for the protection of rights.It expounds the value of the Constitution for the protection of civil rights,and lays the constitutional basis for the protection of rights.Based on the theory of data inequality brought by big data,the theoretical basis of data inequality of civil rights protection in criminal electronic data collection is found.In chapter four,it investigates the basic situation,summarizes the legislative development and practices and analyzes the principles of rights protection in the electronic data collection of the representative countries of the two legal systems.Through the comparative study of the legislative practices of the relevant countries,it is found that the construction of the right protection procedure in the foreign electronic data collection is influenced by its political,institutional and economic development which reflects the trend of continuous progress and development.Therefore,this chapter summarizes four aspects which are the legislative concept,collection principle,evidence adoption,economic compensation,and extracts the beneficial experience in line with China's national conditions.Thus,this chapter provides the construction ideas for the following to improve the rights protection procedures in China's electronic data collection.In chapter five,it summarizes the characteristics of criminal electronic data collection and the risks it may bring to the civil rights in the process,and analyzes the reasons for the risks faced by the civil rights in the process of criminal electronic data collection.It is found that the criminal electronic data collection is caused by the unreasonable division of labor of the subjects of electronic data collection,the unclear scope of electronic data collection,the lax electronic data collection approval process and the risks of investigation errors brought by big data collection.The analysis of this part provides a direction for the construction and improvement of the right protection system of criminal electronic data collection.In chapter six,one of the ways to realize the protection of criminal electronic data collection right is to restrict the power of criminal electronic data collection.From the perspective of restriction of investigation power,in view of the many risks brought by criminal electronic data collection to civil rights,drawing on the relevant experience of foreign criminal electronic data collection to protect civil rights,this paper puts forward the construction and improvement of China's electronic data collection from the collection principles of electronic data,the construction of power separation mechanism,the restriction procedure and supervision procedure of electronic data collection power The restriction mechanism of data collection power,through the control of criminal electronic data collection,realizes the protection of civil rights in criminal electronic data collection.In chapter seven,the author proposes that the second way to realize the protection of criminal electronic data collection right is to remedy the right.We should consider the right relief from the design of the right protection system,and guarantee the civil rights in the criminal electronic data collection through the improvement of the right defense procedure,the right confrontation procedure and the right relief procedure.