On The Legality Of Electronic Evidence

With the development of technology, information technology related to all aspects of people’s lives. People spent most of the time spent on the phone, computer, electronic information has been born in our life more germinate. Widely used in electronic data for us but also for the welfare of criminals provides a means of crime, electronic evidence is in such an environment into the judicial process.2013years ago, the electronic properties of the evidence has been discussed theoretical circles until2013,"People’s Republic of China Criminal Procedure Law" Second Amendment to electronic evidence as evidence of a species with audio and video data in parallel. This undoubtedly makes the history of electronic evidence in criminal proceedings in our milestones. However, the electronic evidence in the judicial practice of the use of challenges remain. This paper intends to depart from the concept of electronic evidence, investigate the legality of electronic evidence, electronic evidence in order to resolve the plight of legitimacy in practice.There are four parts in this article. The concrete contents are showing as follow:The first chapter is Overview of electronic evidence. First, the concept of electronic evidence Discrimination, analyze electronic evidence of today’s more popular notion that the definition of electronic evidence should not be confined to computer information, and it is not material to the facts about the computer evidence included in the electronic evidence; Secondly, the electronic evidence classification and characteristics are discussed, a more profound understanding of electronic evidence, the evidence is different from traditional features, by recognizing the legitimacy of these characteristics are discussed electronic evidence to lay foreshadowing.The second chapter is Comb on the legality of electronic evidence. Electronic evidence including the formal requirements of the legal legitimacy, the main legal forensics, forensics program legal. Formal requirements for the legitimate demands of electronic evidence in criminal must have legal form; evidence shows that the main legitimacy of judicial police officers, the parties, counsel and litigation nominee that is the subject of electronic evidence legitimate handset; electronic evidence forensics procedures legally required process of rigorous Electronic Evidence in accordance with the provisions of the law departure.The third chapter discusses Illegal Criminal Electronic Evidence Exclusionary Rules. First, from the perspective of broad and narrow electronic evidence of illegal conduct criminal defined narrowly discussed in this chapter illegal criminal electronic evidence exist; secondly elaborate illegal extraterritorial extraterritorial provisions of the general exclusionary rule and electronic evidence of the illegal status of the exclusionary rule.The fourth chapter focuses on the analysis of the legality of electronic evidence and deal with practical challenges. The face of the lack of electronic evidence forensics specific legal norms, from the legal regulation of electronic evidence, and in the judicial practice in the use of common rules and procedures to follow special forensics principles; faced with the lack of electronic evidence, electronic forensics professionals under realistic conditions, hard evidence of the dilemma, we propose a two-pronged training and absorption of professionals, the establishment of electronic evidence centered initiatives; exclusion of illegal electronic evidence in the "Code of Criminal Procedure," the absence of proposed should improve the legal provisions, and obtained through secret ways electronic evidence is excluded issues are discussed, it is recommended not be generalized.