Research On The Application Of Electronic Data In Criminal Procedure

With the development of information technology continuously and is widely applied in all fields of society,people's work and life are closely contact with its happening.Based on information technology,the electronic data plays a more and more important role in the process of proving the case facts.The original type of evidence and certification rules have been unable to meet the existing lawsuit.The criminal procedure law revision types of evidence rules,the electronic data is listed as one of new types of evidence.In China's current laws and regulations,the electronic data forensics way,cross-examination,demonstration and other aspects of the rules of evidence provision is inadequate.And there is only a operational judicial interpretation.The new criminal procedural law usually adopt the applicable principles and rules of the traditional evidence as to how to apply the electronic data in criminal proceedings,which makes the electronic data become "right and proper" evidence,but it is not scheduled to become "well deserved" evidence.The contradiction between the rapid development of electronic data itself and electronic data limitations and lags prescribed by law has already restricted the judicial practice in the use of electronic data,and also brings difficulties to the study of the theory of the electronic data.This paper first makes use of the definition of electronic data in our country law regulation to make matting for the following study of electronic data.And then it discusses legislation and present judicial situation of the electronic data in our country.At the same time,it will think electronic data should be how to use in our country,what is its deficiencies and how we should improve them through the Supereme People's Court,the Supereme People's Procuratorate and the Ministry of Public Securityjudicial interpretation about the regulation of electronic data and with the analysis of the electronic data evidence in the judicial practice how to be adopted for.Finally,the paper will put forward recommendations for the obstacles in the application of the electronic data summarized in previous part.To regulate the applicable rules for electronic data in the course of legal proceedings,and ensure the admissibility of the proportion of electronic data,in this way,electronic data would not be ruled out because of imperfect rule,which also helps inquiry of legal fact in the era of big data,and the legal facts also would not be too far from the objective facts.