On The Legislative Perfection Of Criminal Electronic Data Forensics In China

In recent years,the electronic product field such as mobile phones and computers has rapidly developed in china,and gradually hold leading edge in the world.As the widespread popularity of electronic product,to make people depends on it increasingly,electronic product has become indispensable part of daily life and working.On August 20,2018,China Internet Network Information Center(CNNIC)pointed out on the latest research report in Beijing named“Whether the Internet Develops in a Positive Way or not”that the number of Internet users in China has exceeded 800 million,the Internet penetration rate has reached about 58%,and the number of users connected to the internet through mobile terminals has exceeded 700 million nationwide,and the scale still grow steadily.With the criminal case being more“networked and electronic”,the investigative agencies inevitably use electronic data means to collect and take electronic data for cracking a criminal case and arresting criminal suspects,and from the scope of use-frequency of judicial practice,electronic data increasingly become“the best of evidences”in criminal procedure.When investigators obtain evidence from traditional physical evidence,they can directly judge whether the collected evidence is related to the case through external factors like their senses and experience of forensics,so the scope of evidence collection is not difficult to determine.However,electronic data uses electronic media as the information carrier,which is difficult for investigators to judge whether the evidence is related to the case by merely their senses.Therefore,the scope of evidence collection is often unspecified and large.Therefore,when the investigators obtain evidence for electronic data,the amount of personal information that can be obtained is very large.In addition to the information related to the case,information which is not related to the case can be obtained.Besides,the investigators can also obtain the personal information of the relatives,friends and other relevant personnel of the suspect.If the subject of evidence collection and the method of evidence collection on electronic data are not strictly defined at the legal level,it is highly probable that violation of the rights of citizens’ personal information will occur.Therefore,the legislative department of our country urgently needs toperfect on problems of subject,pattern,object,supervision of criminal electronic data forensics,so as to strike a balance between crime control and protection of human rights.The author divides the paper into four parts for the research.The first part is to systematically sort out the basic theories of criminal electronic data forensics,including the definition,characteristics,forensics mode,forensics principles and processes of criminal electronic data forensics,and then expound the important value of personal information protection in criminal electronic data forensics.The second part briefly expounds the legislative status of personal information protection in criminal electronic data forensics in China,and analyzes the problems existing in the subject,measures,objects and supervision of criminal electronic data.The third part,taking Germany and the United States as examples,introduces in detail the legislative model and legislative system for the protection of personal information in criminal electronic data forensics in civil law systems and common law countries,which lays the foundation for the fourth part to propose perfection of laws.From the perspective of personal information protection,the fourth part puts forward some suggestions on criminal electronic data forensics in our country,in order to promote the improvement of relevant laws based on the experience of related foreign legislation.