The Review And Application Of Electronic Data In Criminal Proceedings

The implementation of the "Criminal Procedure Law" in January 1,2013 identified electronic data as one of the type of legal evidence,the first time to establish its independent legal status at the legislative level.Because of the establish of electronic data's legal status in our country is late,the study of the rule of the review and application of electronic data is few.In order to make full use of the electronic data in identifying the facts of the case,it is necessary to study the standards and the use of electronic data in criminal judicial practice.This paper makes full use of the advanced experience of the countries of Anglo American law system and continental law system countries on the review and use electronic data and think that electronic data exsit in electronic form,taking the electronic equipment as the carrier,with the aid of the modern digital information technology or information equipment to generate,transport,storage that all the information data and its derivatives used to prove the facts of the case.As can be seen from the concept,the electronic data has the characteristics of dependence,complexity,vulnerability and openness.As an independent category of evidence,in the review of its probative force,electronic data not only have to review evidence that patentability examination of evidence,namely legitimacy,objectivity and relevance like traditional,also have to make emphasis on the integrity.Electronic data must rely on some storage medium exists,in the process of judicial practice will appear multiple copies of the phenomenon,how to determine the original source and submitted in courthas became the bottleneck of the use of electronic data in practice,through analysing domestic and foreign original theory of the electronic data,certification can be innovatively applicabled in the judicial practice in our country,to solve the problem of original electronic data.As a type of legal evidence,electronic data also receives the illegal evidence exclusion rules of inspection in the process of judicial practice,according to different extent of the law,the rules of electronic data to eliminate can classified to absolute exclusion,relative exclusion and discretion to exclude.Electronic data is the product of modern information digitization,in the use of electronic data,the identification of its certification can use notarization,presumption or identification and expert auxiliary system to reinforce the strength of the electronic data.Electronic data which is the future "king of evidence",has a huge space to develop.We should give full use of the proof force of electronic data in the criminal procedure,discovering the truth of case,solving disputes,safeguarding the fairness and justice of society.