The Improvement Of The Search And Seizure System Of Criminal Electronic Evidence

With the rapid development of computer science, and technology and the popularity of smart phones, with billions of users are used every day in the global electronic devices for information exchange, storage, management, update the electronic data and electronic information communication and exchange is innovation in the traditional way of life, human life and the work has been inseparable from the era of information science and technology of electronic information. In the science of evidence also entered the information age of the Internet +, evidence of traditional learning concept is the innovation of electronic information technology, science and technology combined with the law and the new product electronic evidence will open a new era of judicial proof in the future judicial field. In the future search, seizure, electronic evidence will become the focus of the searched object proof of key importance to the case facts. New "criminal procedural law" in the process of revision also conform to The Times and the development of science and technology, the electronic evidence as legal category, has established the legal status, but no stipulates the search, seizure of electronic evidence. Traditional forensics is certainly not applicable to electronic evidence search, seizure, perfect the system of criminal search, seizure of electronic evidence in our country is of great significance, both to build better protection by the evidence of the chain of custody the objectivity of electronic evidence and the primitiveness, but also by the constraints of judicial organs the evidence collection behavior of supervision and investigation organ, and then achieve the value of the crime and protecting human rights.This article first analyzes the related concepts of electronic evidence search and seizure system, the theoretical basis behind the deep mining system, the traditional system of evidence, on the basis of analyzing the system of electronic evidence in our country, the lack of legislation and the difficulties encountered in the practice of, at the same time, draw lessons from the relevant foreign experience, for the rapid development of electronic evidence search and seizure system in China is put forward some opinions and Suggestions, in order to promote the perfection of legislation, and can help to China’s current criminal judicial practice. Specifically, this article is divided into four parts.The first part is the overview of criminal electronic evidence, including the basic concept of electronic evidence in criminal search, seizure, basic characteristics, several kinds of classification, the principle of forensics. The second part is about the system of electronic evidence search and seizure law outside of interpretation, seeking outside of the characteristics of electronic evidence forensics and experience. The third part analyzes our country’s legislation of criminal electronic evidence search and seizure system present situation, pointed out the current our country the most obvious and urgent problems, reviewing the process of setting up the logic of this new specification, this paper expounds the current situation of the judicial practice in China, and based on the understanding of the existing rules, analysis the problems existing in the system, such as search, seizure of arbitrariness of the launcher, did not establish judicial review system, and so on. The fourth part respectively from operating procedures, judicial supervision, supporting mechanism improving Suggestions from several aspects, for electronic evidence search and seizure of the constraints of power, protect privacy, the guarantee of rights provides an efficient operating mechanism.