Research On Electronic Data Evidence In Criminal Procedure

Since January 1,2013,electronic data and audio-visual materials have been listed as eighth kinds of evidence in criminal proceedings.They have officially become the statutory evidence type stipulated in the criminal procedure law.Our evidence system has also made important modifications.Electronic data can be regarded as a new type of evidence in the field of criminal justice in the countries all over the world,but it plays a more and more important role in finding out the facts of a case,restoring the true situation of a case,and smoothing the disputes and upholds justice.With the rapid development of Internet technology,especially the maturity of mobile Internet technology,electronic data has penetrated into every aspect of people's life and work.At the same time,electronic data also had a profound impact on Crime: many criminals use electronic information technology to carry out traditional crimes,and many criminals implement new crimes against the electronic data in information system.Therefore,whether it's investigating traditional crimes or cracking down on new crimes,they may face a lot of electronic data,and make them an important factor affecting modern crimes.This article is divided into four chapters to study the use of electronic data as evidence in criminal proceedings.In the first chapter,based on the concept of electronic data,and to distinguish the relevant computer evidence,electronic evidence,audio-visual materials,the narrow sense of thedocumentary evidence and expert opinion concept as the starting point,makes a distinction between the concept of evidence law;from the point of view of the electronic data is "evidence of three",and the the review discusses the rules.In the second chapter,the author intends to provide reference for China's judicial practice by studying the use of electronic data in foreign criminal lawsuits,and mainly compares the use of electronic data in criminal lawsuits between continental law system and Anglo American law system countries.At present,problems emerge in an endless stream electronic data in China's criminal procedure to collect and review extraction judgment,a test of cognitive ability in the field of criminal justice and the reaction ability,the author encountered in practice problems in the third chapter,the analysis and research of the criminal procedure in the absence of the system of electronic data evidence the "right" data,and civil rights conflict,the scope of the main body of evidence is too limited and the independent qualification of the deviation,the evidence discovery system,the absence of problems such as lack of evidence rules.Finally,the author realized that although our country has been in the field of criminal procedure to establish the legal status of electronic data,but the supporting laws and regulations have not worked out,then from the aspects of legislation,procedures and related system construction,put forward some reasonable suggestions for the further improvement of electronic data evidence in the criminal proceedings.