On The Validity Of Criminal Electronic Data

Electronic data,as a new generation of " electronic serum",is more and more widely used in the field of criminal evidence.However,in the current judicial practice,there are many problems,such as the definition,extraction and application of electronic data related to the laws and regulations are not systematic and comprehensive,the judge of electronic data identification standards are not unified in the trial,will lead to judicial bias.Therefore,the validity of electronic data,including both substantive elements and procedural elements,can provide a reasonable range of solutions for judges,to a certain extent,to standardize the criminal trial of electronic data authentication issues to provide a new perspective.On the issue of validity of criminal electronic data,starting from the constituent elements of validity,referring to the relevant laws and regulations of foreign countries,this paper reflects on the problems existing in the existing laws,and based on the analysis of the electronic data,puts forward some suggestions on constructing the validity system of criminal electronic data in China.In addition to the introduction and conclusion,this paper is divided into four chapters.The first chapter,first of all,sorting out the meaning and characteristics of electronic data,carrying on certain theoretical groundwork for the paper.Then,it analyzes the definition of validity in evidence,and examines the connotation and denotation of validity,including validity,validity,efficiency and acceptability.the denotation is to compare validity with the three theories of our country and foreign theories of admissibility,evidential capacity and probative force respectively,so as to find out the relationship between them.finally,it summarizes the significance of studying the validity of criminal electronic data,including supplementing the validity theory,providing the thought of examination and confirmation for judicial practice and making suggestions for constructing the validity system of criminal electronic data.In chapter two,the author investigates the foreign advanced legislation experience,including the main body of electronic data extraction,extraction authority,extraction procedure,data preservation,court cross-examination and so on,so as to provide some ideas and methods for constructing the validity system of criminal electronic data in China.The third chapter,first of all,sorting out the relevant legislation status of the validity of electronic data in China.Then,through the judicial case to reflect on the existing legislation and judicial deficiencies,in order to build the effectiveness of criminal electronic data system for the following problem-oriented groundwork.In the last chapter,according to different situations,the validity of electronic data is divided into three categories: validity,invalidity and validity to be determined.First of all,effective electronic data should meet the primary requirements-legitimacy,space-time requirements-timely extraction under the witness,form conditions-need to show,need to cross-examine and content conditions-complete,reliable,economic,applicable and other four conditions,if not meet one of them,is invalid or effectiveness to be determined.Secondly,invalid electronic data types include the authenticity is unknown,tampered affect its content is true,data generation technology equipment and software is not reliable,generation,storage,transmission of electronic data method is not reliable and electronic data source is not reliable four categories,which belongs to the absolute invalid.The electronic data whose final validity is to be determined is relatively invalid.if it meets the conditions stipulated by law or makes legal correction and explanation afterwards,it shall be adopted;otherwise,it shall not be adopted,including the untimely collection of electronic data,illegal collection of electronic data subject,collection of evidence procedure and collection of evidence method,questionable scientific nature of the method of proof of electronic data,incomplete content and low economy of electronic data.Electronic data,as a new generation of "electronic serum",is more and more widely used in the field of criminal evidence.However,in the current judicial practice,there are many problems,such as the definition,extraction and application of electronic data laws and regulations are not systematic and comprehensive,the judge of electronic data identification standards are not unified in the trial,will lead to judicial deviation.Therefore,the validity of electronic data,including both substantive elements and procedural elements,can provide a reasonable range of solutions for judges,to a certain extent,to standardize the criminal trial of electronic data authentication issues to provide a new perspective.