On Admissibility Rules Of Criminal Electronic Evidence

The development of information technology and the application of electronic products in people's production and life are more and more widely.Its important feature is that the emergence of electronic evidence has become an important part of the criminal justice field.At present,our country starts late in criminal evidence theory,mostly on the four aspects of dynamic angle research,namely,evidence collection,evidence raising,cross examination and accreditation.There are few researches on its admissibility rules from a static perspective.Under the background of the trial-centered reform of the litigation system,it is a trend to attach importance to the rules of admissibility of standard evidence.Therefore,improving the admissibility rules of criminal electronic evidence,and providing reference for the rule of electronic evidence system in China,is a problem which needs urgent attention from the academic circles.This paper from the perspective of the rules of evidence theory,in order to perfect the criminal electronic evidence admissibility rules for the purpose of legal analysis,the connotation of the admissibility of electronic evidence,the definition of the rules of evidence and related rules,exclusionary rule and best evidence rule cohesion problems suggestions.This article is mainly from the following four parts.The first part of the article is the definition of the admissibility of criminal electronic evidence.First,from the perspective of the application and research process of electronic evidence in the field of criminal law,we define the connotation and denotation of electronic evidence and the scope of admissibility rules through conceptual discrimination and extraterritorial investigation.Secondly,the characteristics of electronic evidence,the legal position and the impact on the existing evidence classification system have been solved,and the problems on the legal attributes are solved.This is the key to the establishment and improvement of the rules of electronic evidence.The second part of the article mainly deals with the legislation of the criminal electronic evidence admissibility rules in China,and summarizes the existing norms and the existing problems.First of all,from the legislation,content,practice and other aspects of the lack of systematic evidence of the legislative system.Secondly,the precondition is vague,the rules of the correlation are not clear,the supporting procedures and procedural safeguards are lacking,so as to prevent the rigor of the selection of recover ability.Furthermore,the exclusionary rules of illegal electronic evidence do not conform to the trend of the development of the international community.Finally,it does not fundamentally connect with the best evidence rules.The third part of the article is mainly the legal analysis of the rules of the criminal electronic evidence admissibility.Based on the theoretical interpretation of the rules of the admissibility of the value and epistemology foundation,correlation rules,illegal exclusionary rule and the best evidence rule,to further deepen the cohesion principle and value orientation of the electronic evidence behind with these rules,for the subsequent electronic evidence admissibility rules to improve and lay a solid legal basis.The fourth part of the article is to improve the admissibility rules of criminal electronic evidence in China.Mainly in: develop specialized evidence code,focus on standardizing the admissibility of evidence rules;evidence set procedures and procedural safeguards,the establishment of "three relevance criteria" to determine the admissibility of electronic evidence to exclude illegal premise;idea of setting and clarify the relationship between the copy and the original and improved integrity standard the best evidence rule good cohesion.This article from the criminal electronic evidence admissibility definition of restatement,connotation of electronic evidence and admissibility of the definition and the influence on the rules of evidence,based on the legal analysis,identify the premise of electronic evidence,the illegal exclusionary rule of the in-depth analysis.