The Collection And Application Of Electronic Data In Criminal Procedure

The rapid development of society makes the computer technology and communication technology change rapidly, as the electronic and digital electronic data, is increasingly affecting people's daily life. The new criminal procedure law also lists the electronic data as a new type of legal evidence in 2012.Electronic data is Informational data, It has the characteristics of invisibility, vulnerability, which determines the special requirements of electronic data forensics and judgement. However, the evidence rules of electronic data in China are still not perfect, and there are still many deficiencies in the rules of evidence collection and judgement. In terms of forensics,as a high-tech electronic data, forensic personnel qualifications are not limited;Electronic data of fixation and preservation must be in accordance with the strict procedures, to ensure the integrity and consistency. But our country does not have the construction of electronic data evidence custody chain system, so the investigation personnel, the investigation of the behavior of the degree of restraint is not enough, so it's easy to lead to electronic data objectivity, legitimacy, lack of relevance;The identification of electronic data is usually carried out in order to continue the investigation, there is a serious dependence on the investigation,So corresponding measures need to be taken to remove the dependence of investigation.In terms of electronic data's judgement,first of all, our country does not have a separate electronic data law and complete legal system of electronic data,so it's necessary to build a special electronic data law system to solve the trouble that lack of systematic norms; Secondly, China's electronic data judgement rules are not perfect, not enough to refine the best evidence,admissibility rules, reinforcing rules, it's not conducive to the court cross examination and the judgment of the electronic data, then will influence the proceedings.Finally,although the new criminal procedure law provide that expert assistant system, due to the particularity and abstraction of electronic data and the lack of law. It is necessary to improve the electronic data of expert assistant system.The logical structure of this paper is as follows:First introduces the concept and characteristics of electronic data to explain the particularity of electronic data.Secondly, the second part introduces the foreign electronic data forensics, judgement system, and analyzes the standardization of electronic data system. Then i discuss the problems of the electronic data forensics rules' defect and problems existed in forensics in China, and i keep my eyes open on the solutions and suggestions.The finally part is about the problems of the standardization of electronic data's examination and judgement in China.