A Study Of Issues Of The Collection And Identification Of Electronic Evidence In Criminal Investigation

With the rapid development of network information technology, electronics andinformation technology has entered into various fields of the social life of the people.A lot of electronic storage, electronic records, electronic chat, e-mail and otherelectronic data appear in people’s lives; our newly revised "Code of CriminalProcedure" provides that an electronic data as evidence, but the collection ofelectronic evidence and identified lack of regulations or too simple rules, can not meetthe needs of judicial practice.Of the "Code of Criminal Procedure" and "About handling death penalty casesexamination and judgment of evidence" provisions on some issues, review of thejudgment evidence of the electronic evidence as an independent types of evidencerequirements, but electronic evidence is different from the traditional collection ofevidence and identified in the collection of evidence and identify of evidence anddecides that the request of the investigative organs, and the relevant provisions of thecurrent lack of regulation on electronic evidence forensics and identified, there aremany problems. Our current criminal investigation stage, the collection of electronicevidence, mainly with reference to audio-visual materials, documentary evidence andother provisions, such as "Regulations for procedures of criminal cases by publicsecurity organs" provides that in the relevant provisions of its own characteristics, butthe collection of electronic evidence with specialized requirements of existingprovisions can not guarantee the collection of electronic evidence with evidence ofability and probative force, there are many problems. In the criminal investigationstage, the identification of electronic evidence, whether the end of the investigationactivities has very important significance. China’s "Criminal Procedure Law" clearlydefines the electronic evidence as a separate type of evidence,"About handling deathpenalty cases examination and judgment of evidence" provisions on some issues,review of judgment evidence to establish the authenticity and relevance of review ofelectronic evidence, electronic evidence probative force involved, but provides tooprinciple, is not conducive to the practical operation, there are some problems. Electronic evidence of the investigation stage sound legislative ideas ofelectronic evidence, electronic evidence collection rules and electronic evidenceidentified rules should be improved. Special measures for electronic evidence shouldbe sound legislative and electronic evidence legislation should take into account twoaspects to determine the legislative idea of electronic evidence provisionscoordination with other evidence; collected from the electronic evidence shouldfollow the basic principles, to improve the collection of electronic evidence, providefor the collection of electronic evidence the three areas to improve the collection ofelectronic evidence rules; clear evidence of the ability of the criminal investigationstage electronic evidence to determine the rules and probative force of judgment ruleto improve the identification rules for electronic evidence.