Research On The Judgment Of Electronic Evidence In Criminal Proceedings

With the development of Internet information technology,there are more and more electronic evidences in criminal proceedings.They have provided strong support for the public security and judicial offices to determine the facts of the crime.However,because of its high technology and instability and other characteristics,it also brings much challenge to criminal proceedings activities.These challenges will eventually be reflected in the criminal trial of the review and judgment activities.It is related to whether it can make a correct review and judgment of the new type of electronic evidence.It is an important issue to explore the problem that the electronic evidence can correctly determine the criminal facts and convict the defendant with impartiality.That is based on guaranteeing the legal litigation rights of the defense.At present,China's relevant legal norms have done some specifications on the application of electronic evidence in criminal proceedings.In particular,in September 2016,the Supreme People's Court,the Supreme People's Procuratorate,Ministry of Public Security jointly issue "Specifications on the Handling of Criminal Cases' Extraction,Collection,Determination and Judgment of Electronic Evidences ".To some extent,it has filled the long-term blank in the application of electronic evidence s in the field of the criminal law.The relevant judicial practice has accumulated a certain amount of experience.However,there are still some outstanding problems in both legislation and judicial practice.It needs objective and serious solutions.In order to provide some useful thoughts for the review and judgment of electronic evidences in criminal proceedings,the writer plans to discuss from the following aspects:In the first part,the writer discussed the basic theory of electronic evidences.Based on our current law,combined with the relevant theoretical research results,it discussed the characteristics of electronic evidences,definition,legal scope and legal status.It concluded that the electronic evidence is non-independent evidence,which was the basis of this paper.Then the paper discussed the necessity,the value trend and the main content of the electronic evidence's examination and judgment work in the criminal procedure.The writer believed that the necessity of judging the work of electronic evidence in criminal proceedings lies in the three aspects of electronic evidences.It can promote the correct application of criminal evidences and guarantee the correct application of electronic evidences.It can also guarantee the defendant's legal rights in trail.Its value trend should be to protect the authenticity and legitimacy,which means two parts including regulating power and protecting the rights.The main content should be the criteria,content and style of review and judgment.In the second part,the writer would proceed with the current law of electronic evidence's review and judgment in the criminal procedure in China and analyze the legislative challenges to perfect the procedure.The writer would first completely tease the current legal norm related to the electronic evidence in criminal procedure.And the writer would summarize the demarcation,collection,extraction,deportation,review and judgment of electronic evidence in related legal norm and other stipulations.On this basis,the writer also summarized the legal challenge faced by the electronic evidence review in criminal proceedings,which covered the following four aspects covering the low level legal status and the fragmentization of legal content,unscientific legal status of electronic evidence,the lack of the legal procedures in obtaining evidence and the clear criteria of review and judgment.In the third part,the writer inspected the review and judgment activities of electronic evidence in criminal procedure with the angle of juridical practice.First the writer introduced the practice situation of the judicial practice organ,which included three parts of the research object,content and summary,etc.The content and summary could be subdivided into several parts including the scope and legal status of the electronic evidence,the probative force the comparation between traditional and electrical evidence,the case type related with electronic evidence,the common types of electrical evidence,the obtaining,proof and authentication of the electronic evidence and the opinions and suggestions to the review and judgment of current electronic evidence.The writer generalized the challenge of juridical practice that current review and judgment was facing in the aspects of proof,cross-examination and authentication on the basis of summing up the research results.Among the former aspects,the proof mainly included the scope of burden presents and the methods and content of producing evidences.Cross-examination included the range,methods and content in this process.And authentication included the reality,integrity,validity of the electronic evidence,how to apply to the related rules of evidence and the degree of awareness of electronic evidence of the judges.All of these problems should be paid attention to solve.The fourth part is the key point of this thesis.The writer would give related advice and suggestions on how to do well in the review and judgment work of electronic evidence in accordance with the analyzed results in the former three parts.The writer believed that we should do well in the related basic work,such as to perfect legislation,to pinpoint the status and to standardize the obtaining of the evidence in order to make the review and judgment work a solid foundation.As for the work itself,the writer believed that we should solve the problems in three parts,which were to perfect the standard of legality and authenticity,the mechanism of proof and cross-examination(mainly included to make sure the range of proof and cross-examination and the best rules of electrical evidence,to complete the forms of proof and cross-examination in electronic evidence and to guarantee the defendants' rights of interrogation,etc.),and the authentication method and regulation(such as to improve the professional cognitive level of electronic evidence and to perfect the best rules of evidence and exclusionary rules,etc.).In short,the evidence judging principle can be really workable in the information ageonly when the review and judgment work of electronic evidence is well done,which pushes the criminal procedure system revolution with the center of judging.