An Empirical Study Of Electronic Data In Criminal Trial

Internet,Cloud computing,and Internet of Things technologies have developed rapidly in China.Internet technology has changed people's data storage,socialization,shopping,and payment methods.At the same time,cybercrime has also increased.These new crimes often have intelligent criminal means and diversified criminal purposes.Electronic information,criminal intelligence,from a single crime to a planned network of group crimes,the recognition is more difficult than traditional crimes,criminal law review identified need to meet new opportunities and face new challenges.The future is the world of electronic information storage methods.Emerging internet crimes are mostly presented in the judicial practice as new forms of electronic data evidence,bringing new opportunities and challenges to judicial practice.The new Criminal Procedure Law classifies electronic data as the eighth type of evidence.However,as a new type of evidence,electronic data still has some outstanding problems in practice,which has aroused the attention of academics and practitioners.This article is divided into introduction,overview of electronic data theory,current status of application of electronic data in criminal trials,problems in the application of electronic data in criminal trials,improvement measures in the application of electronic data in criminal trials,and conclusions.This article intends to introduce the current status of practice in the criminal trials,electronic data identification,evidence,and cross-examination to certification,and then analyze the causes of the existing problems.In the final part of the paper,corresponding suggestions are proposed.Promote the perfection and development of electronic data applications.Part 1 is an overview of mainly introduces the concept and characteristics of electronic data.With respect to the definition of electronic data,the definitions in the theoretical and national laws are different.This paper analyzes the concepts and characteristics of electronic data in some advanced countries and regional laws,and then proposes the definition of “electronic data” in this paper—digitalization of electronic data.The methods of preservation,disposal and transmission are formed in the fact that the facts are involved and the evidence is true,legal and related.In addition to the general characteristics of evidence,electronic data has unique characteristics of evidence due to its special storage form,transmission status,and presentation methods.It mainly manifests itself as technical dependence,vulnerability and recoverability,and display form compoundness.Part 2 is the introduction to electronic data application status in criminal justice,including electronic data identification,proof,cross-examination and certification from four aspects.The content of the electronic data identification including electronic data,expert witnesses and appraisal organization and appraisal procedure in three aspects.Including the content of electronic data proof and show in the form of electronic data proof method two aspects.Electronic data cross-examination include two aspects of electronic data cross-examination mode and cross-examination content.Electronic data certification,including electronic data form and content.Part 3 is the electronic data in the criminal trial application of the analysis of existing problems,including electronic data identification,proof,cross-examination and certification from four aspects.The eligibility problem of electronic data identifiers and the appraisal institutions' appropriateness reflect the shortcomings of electronic data forensic appraisal.At the same time,there are many problems in electronic data authentication procedures such as lack of on-site identification,lack of identification tool standards,and excessive identification of evaluation proposals..The form of electronic data is simple in proof and inadequate in preparation,and the form of presentation is not standardized,simplifying the connotation of electronic data.The defense of the disadvantaged status shows that the quality of cross-examination in electronic data cross-examination procedures is low,and that the quality of the cross-examination of the cross-examination in the defense leads to the problem of the quality of evidence in the form.Electronic data authentication lacks substantive examination,formalization of authentication,and there is no standard for electronic data authentication.Part 4 is the countermeasures for the perfection of criminal trial electronic data applications,including identification,proof,cross-examination and certification from four aspects.Through the establishment of unified electronic data forensic access standards and qualification standards,the electronic data identification will be incorporated into an independent government management system,and formalized review of accepted materials will be conducted.The configuration standards for the identification tools will be clearly defined and the evaluation procedures will be effectively monitored.Evidence-providing parties shall improve their ability to provide evidence for electronic data,fully prepare for evidence preparation,reserve basic electronic data professional knowledge,standardize the form of presentation of evidence,and display original data as the main criteria,and allow licensed professionals to assist the court and take into account the benefits of lawsuits.Defenders highlight the effectiveness of electronic data cross-examination,optimize cross-examination procedures,and improve the quality of cross-examination and cross-examination.At the same time,they also need to pay attention to the unique evidence value of electronic data,change the cross-licensing strategy,and do a good job of cross-examination preparation.Electronic data authentication is mainly to improve the electronic data authentication rules and systems,clear electronic data authentication rules,distinguish single and systematic electronic data,clear electronic data exclusion rules,build a judicial assistance multiple system,court appearance and re-qualification by forensic personnel Help them to conduct certification and establish a special expert assistant roster database to conduct necessary out-of-court investigations and verify electronic data.