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Legal Regulation Of Electronic Evidence Forensics In Criminal Proceedings

Posted on:2020-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:W ZhuFull Text:PDF
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In the 21 st century,electronic computers have been widely used,and information network technology has developed rapidly.Electronic data has become an important carrier for transmitting information and recording facts.In the event of a criminal case,electronic data becomes an important piece of evidence,electronic evidence.Long before the revision of the Criminal Procedure Law in 2012,the Supreme People's Court and the Supreme People's Procuratorate formulated a series of judicial explanatory documents,which made a useful exploration of the relevant issues of electronic evidence.China revised the Criminal Procedure Law in 2012,officially established the type of evidence of electronic data,and the highest judicial authority has further regulated the extraction and review of electronic evidence,and widely used electronic evidence for judicial practice.Lay the foundation.However,in 2016,the “quick broadcast” case(Shenzhen Fast Broadcasting Technology Co.,Ltd.disseminated the case of obscene articles for profit)was prosecuted and trialed,and the electronic evidence was quickly pushed to the forefront.Judicial staff were unfamiliar with electronic evidence and electronic evidence was obtained.Problems such as non-standardization are directly exposed,which not only affects the effect of criminal prosecution,but also detracts from the image of the judiciary.In China,the norms concerning the evidence collection of electronic evidence are mainly based on technical norms and supplemented by legal norms.There are still some major problems in electronic forensics in criminal proceedings.The main performances are as follows: First,although China clearly stipulates the type of legal evidence such as electronic data,it does not clearly define the legal attributes of multiple evidence-based methods of electronic evidence,which leads to the existence of some kind of investigation measures for electronic evidence forensics.The big controversy directly affects the effect of legal regulation of this kind of evidence collection.Second,the scope of electronic evidence collection is too broad and broad.The investigating agency may conduct evidence collection for citizens who are not yet connected with the case,lacking pertinence and finiteness,affecting the privacy rights of citizens,and violating the principle of proportionality.Third,when investigating and approving electronic evidence,the investigating agency treats all electronic evidence and evidence-taking measures equally,and there are no strict restrictions on the collection of sensitive electronic evidence.Fourth,in practice,the subject of evidence collection and the procedures for obtaining evidence of electronic evidence are illegal.For example,the extraction of electronic evidence may be carried out by an appraiser,which causes the investigator to be marginalized,and the power is illegal for the appraisers;when the criminal case has not been filed,the investigator is called without the knowledge or consent of the person concerned.Electronic evidence directly related to it.Some of the aforementioned problems are at the legislative level,and some are at the judicial level.They all have a negative impact on safeguarding judicial justice,respecting judicial authority,and protecting the human rights of citizens.It deserves high attention.In order to solve the problem of electronic evidence collection in criminal proceedings,China should improve the law on electronic evidence collection and related judicial interpretations,not only to ensure the authenticity and integrity of electronic evidence,the legitimacy of evidence collection procedures,but also to respect and protect crimes.The human rights of suspects and ordinary citizens.When regulating electronic evidence forensics,China should abide by the principles of criminal rule of law,due process and proportionality,and take the following measures: First,clarify the legal attributes of various specific evidence-acquisition acts of electronic evidence,so as to Second,to ensure that the scope of electronic evidence collection is clear,specific,and controllable,to avoid the boundary between the object of investigation and the investigation;and third,to establish a strict and appropriate electronic evidence for evidence approval according to the type of electronic evidence and evidence collection measures Procedures;Fourth,the investigation of the subject and the procedures for obtaining evidence in strict compliance with the law.
Keywords/Search Tags:Electronic Evidence, Investigation and Evidence Collection, Scope of Investigation, Sensitive Electronic Evidence
PDF Full Text Request
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