Research On Electronic Evidence In Maritime Administrative Law Enforcement

With the wide application of intelligent information equipment in navigation,the maritime system has also accelerated the pace of informatization construction.The application of electronic evidence in maritime administrative law enforcement has become more and more extensive,but there are also many problems to be improved.Based on the in-depth analysis of maritime electronic evidence,this paper proposes a perfect countermeasure for the application of electronic evidence in maritime administrative law enforcement.This article explains the application of electronic evidence in maritime administrative law enforcement from four parts.The first part is mainly the electronic evidence summary part.Firstly,it introduces the concept and characteristics of electronic evidence,and summarizes the characteristics of digitization,volatility,replication accuracy,performance diversity,intangibility and salvage of electronic evidence.The classification of electronic evidence and an overview of the legislative status of electronic evidence at home and abroad.Then it introduces the concept of maritime electronic evidence,which refers to all the evidentiary materials that can be used as electronic evidence in the maritime administrative management and can be used as evidence basis in maritime administrative law enforcement,reconsideration and litigation.10 major maritime electronic evidence types such as CCTV,VTS,VHF,AIS,VDR,ECDIS,GPS,etc.,and evidence of maritime electronic evidence from the perspectives of forensics subject,forensic procedure,prohibitive behavior,timeliness and originality.The requirements for evidence collection are discussed.In terms of certification rules,specific requirements such as prohibition rules,collection rules,preservation certification rules,and admissibility rules are listed.The second part is the application of electronic evidence in maritime administrative law enforcement and administrative litigation.Four specific cases are used to illustrate the key role played by electronic evidence in maritime administrative law enforcement,administrative punishment,maritime investigation and administrative litigation.The third part analyzes in detail the problems of electronic evidence in maritime administration,sums up the shortage of electronic evidence talents in maritime profession,the level of electronic informationization needs to be improved,lack of operational norms and auditing supporting systems,lack of active research and innovation,legislative lag,etc.Outstanding issue.In view of the existing problems,the fourth part puts forward the perfect countermeasures for the electronic evidence system in maritime administration.First,pay attention to the training of electronic evidence professionals,optimize the knowledge structure of law enforcement teams,comprehensively improve the awareness of law enforcement personnel in the rule of law,and establish electronic evidence professionals.Cultivation mechanism.The second is to improve the intelligence level of maritime information systems,deepen the integration of maritime information resources,build a comprehensive maritime information database,achieve digital maritime goals,and build a comprehensive platform of "smart maritime".The third is to promote the legislation of electronic evidence,establish the norms of electronic evidence,gradually optimize the judicial transformation mechanism of electronic evidence,and introduce the system of electronic evidence notarization and censorship.