Research On The Application Of Electronic Data In The Case Of Duty Crime

China's current laws and regulations for electronic content,data collection,fixed and using often lack detailed rules and regulations,coupled with the electronic data modification,no trace,extremely difficult to cure and other aspects of the present characteristics and problems,it is often difficult to be recognized by the people's court.Therefore,there will be many obstacles in the process of anti-corruption investigation,especially in the face of job-related crimes,especially the applicability of electronic data.In order to improve the efficiency of electronic data forensics,we need to strengthen the in-depth research on the applicability of electronic evidence,so as to continuously establish the perfect system of electronic data evidence.This paper takes the duty crime cases,the use of electronic data to improve the expansion of detailed analysis and study.Firstly,Based on the laws and regulations of electronic data and the probative force of electronic data in duty crime cases,we have a comprehensive interpretation of the concept,history and origin of electronic data.From the perspective of judicial practice,the legal norms of electronic data are placed in the longitudinal development process and the horizontal realistic system standard two levels to be analyzed.This article analyzes the difficulties and causes of the application of electronic data in China's duty crime cases from the perspective of history and reality,and based on the status quo of the application of electronic data in China's crime cases,analyzes the difficulties from four aspects which includes procedure due process,cross-examination regulations,auxiliary personnel rights and obligations,relief and supervisory mechanism.Meatime,the paper starts from the background of the application of electronic data,deeply analyze the existing problems,and interpret them from a view of legislation,judicial practice and institutional concept.In view of the above problems,exploring the advanced and mature law and practice worldwide to classify and summarize their characteristics and advantages.Through comparation with countries having advanced legislation and mature judicial practice to find out the gap of electronic data application in legislation and judicial in our country,search proposals that can be borrowed.At last,state the countermeasures for the improvement of the electronic data application system in our present duty criminal case in China.Aiming at the realistic dilemma of electronic data in duty criminal cases in China,they are respectively perfecting the law regulations of electronic data,standardizing the applicable technology of electronic data,carrying out electronic data assisted human responsibility and strengthening electronic data applicable supervision mechanism in the duty crime.