Research On Electronic Evidence In Criminal

Forty-eighth article of China’s new criminal procedure law in2012:"can be used toprove the material facts of the case，is evidence. The evidence includes:⑴evidence；⑵documentary evidence；⑶the testimony of witnesses；⑷the statement of victims；⑸the suspect，the defendant confession and exculpation；⑹identification；⑺the inquest，inspection,identification，Investigative Experiment record；⑻electronic audio-visualmaterial data. Evidence must be verified before it can be taken as a basis."As amanifestation of the new law of criminal evidence，the specific application of electronicevidence in criminal procedure is still a lot of problems.According to the study onelectronic evidence in criminal problems are studied.Starting from the concept andcharacteristics of electronic evidence in criminal litigation， the problem of thefollowing:The first chapter，the main concepts，the characteristics of electronic evidenceand probative force of a careful analysis，to provide the theoretical basis for the research ofelectronic evidence in the collection，review and proof rules of.The second chapter，mainlycarries on the analysis on the domestic and foreign research status of electronic evidenceand electronic evidence in China is facing the problems in the judicial practice，we shouldstrengthen the computer professional knowledge and skills training for the judiciary staff，encourage electronic evidence related Professional Company involved，further strengthenthe legal experts and computer expert cooperation,strengthen international cooperation inthe electronic evidence.The third chapter， mainly on the electronic evidence in thebackground of the new criminal law collection,preservation and application analysis，proposed not to achieve collect electronic evidence is the guarantee of human rights indisregard，to take measures for electronic evidence，we must carry out the statutoryobligation to protect human rights，protect the lawful rights and freedom，to furtherimplement the the principle of proportionality； To meet the electronic evidencepreservation methods and standards for special requirements in the preservation ofelectronic evidence； should the status of research on electronic evidence in our country atpresent to change the use of electronic evidence，and learn from the beneficial experienceabroad，combined with their own actual situation to perfect our country electronic cardaccording to the application of the rules，to guarantee the judicial practice smoothly.Thefourth chapter，elaborated the electronic evidence and forensic，three aspects including theelectronic evidence identification of evidence system，management system and lawsuitsystem.