Research On Standardization Of Criminal Electronic Evidence Collection And Review

The criminal procedure law,which came into effect on January 1st,2013,lists electronic data as an independent type of evidence,However,China has not established the criterion of electronic evidence collection and examination in time.Compared with traditional evidence,electronic evidence has its own characteristics,the existing standards of evidence collection and examination cannot deal with the problems of electronic evidence in evidence collection and examination.The Qvod Player case in 2016 exposed these problems,drawing attention from the academic community to electronic evidence.This paper aims to deeply explore the deficiencies in the electronic evidence collection and examination in China through the analysis of the electronic evidence problems in the case,in order to do something to solve the problems of electronic evidence collection and examination.The first chapter of this paper analyzes the problems in authenticity,relevance and legality of the electronic evidence in this case by sorting out the disputes on electronic evidence in the Qvod Player case.By summarizing these disputes,the author thinks that the construction of electronic evidence collection and examination standardization in China is urgent to be solved.In the second chapter of this paper,the author analyzes the problems in the criminal electronic evidence collection standard in China?s judicial practice.Then it introduces the overseas experience of standardization of electronic evidence collection.Finally,the measures to improve the electronic evidence collection in China are put forward.The third chapter of this paper analyzes the problems in the criminal electronic evidence review regulations in China from the aspects of the authenticity and admissibility of electronic evidence,then introduces the electronic evidence review system and the rules of admissibility of electronic evidence in comnon law system countries,and finally puts forward the methods to improve the criminal electronic evidence review regulations in China.