Research On The Legitimacy Of Criminal Electronic Data

With the introduction of the new criminal procedure law,the criminal electronic data has established its independent legal status,which is sufficient to show the importance of electronic data in the current criminal procedure law.However,the legal provisions on electronic data are very few,some judicial interpretations only have a general provision,making judges faced some difficulties in the process of adoptting electronic data.The legitimacy of electronic data is one of the basic prerequisites for the adoption of electronic data,and plays an important role in the identification of evidence.The criminal electronic data is a new form of evidence,the legislation on the legality of this kind of evidence is not enough comprehensive,in judicial practice,the legitimacy of electronic data is affected by many factors.In view of this,on the basis of the existing research,this paper discusses the legitimacy of electronic data,in order to regulate the validity of electronic data.This paper is divided into five chapters,the main contents of each chapter are as follows:The first chapter is introduction.It mainly includes the necessity,the background,the purpose and significance of the research.The second chapter is the overview of the legitimacy of criminal electronic data.This chapter is divided into two parts,the first part defines the concept of criminal electronic data.It sums up the concept of criminal electronic data by listing domestic and foreign legislation and the main points of scholars,and defines its connotation and extension.The second is the legitimacy of criminal electronic data,discusseing from the the legitimacy of the subject of evidence,the legitimacy of the form,the legitimacy of the procedure and method of obtaining evidence and the legitimacy of the court investigation procedure.The writing of this chapter will lay a theoretical foundation for the following chapters.The third chapter is the influence factors of the legitimacy of criminal electronic data.In this chapter,the author analyzes the legislative status of the legitimacy of the criminal electronic data,and finds out the factors which affect the legality of the criminal electronic data.Factors affecting the legitimacy of criminal electronic data are as follows:the main factor of forensics subject is the scope of the forensics subject is not clear;thefactors of forms of evidence are lacking of specific requirements of form and format,electronic data copies can be used as final basis is controversial;the factors of collection procedures and methods are most investigators lack of professionalism,illegal electronic data the rule is missing,some special means of evidence have an impact on the legality of electronic data;the factor of the court investigation procedures is the influence of evidence and cross examination on the legality of electronic data.The fourth chapter is the protection of the legality of criminal electronic data.In the face of many factors affecting the legitimacy of criminal electronic data in China,in order to ensure its legitimacy,we will put forward the suggestion of norm from the four aspects of the legitimacy of criminal electronic data.In the aspect of subject scope,clearing the scope of forensic personnel,setting up a special electronic data forensics department;in the form of evidence,clearing the legal status of electronic data formats,clear copies;in forensic procedures and methods,improving the professional quality of forensic personnel,improving the general rules of electronic data forensics procedures and methods,constructing the exclusionary rules for illegal electronic data;finally in the court investigation procedures,through perfecting the procedure of the burden of proof and question the witness to ensure the legitimacy of electronic data.The fifth chapter is the conclusion.The main work and innovation of this paper are pointed out,the deficiencies of the research are found,and make an arrangement for the following research work.