Study On The Cross-examination Of Electronic Data In Criminal Proceeding

As an important link of judicial certification,cross-examination is not only the follow-up of proof,but also the premise and foundation of certification,and also the core of the whole judicial certification process.Cross-examination is also related to the determination of the facts of the case,thus affecting the outcome of the judgment.In the case of network crime,as the key evidence of electronic data,how to use in judicial practice is particularly important.The electronic data cross-examination rules aim to solve the application of electronic data in the process of court hearing,regulate the electronic data forensics activities,guide the electronic data forensics activities,and better serve the electronic data authentication activities.At present,in the field of criminal proceedings,the provisions on the cross-examination of electronic data are scattered in the criminal procedure law and the relevant judicial interpretation,which are relatively rough and have not formed special rules on the cross-examination of electronic data.Based on this,this thesis conducts a special study on the rules of electronic data crossexamination,mainly analyzes the differences between electronic data and traditional evidence in cross-examination,and then puts forward Suggestions for the improvement of the rules of electronic data cross-examination.The introduction mainly introduces the relevant research background and theoretical and practical significance of this thesis,sorts out the research status of electronic data,introduces the main research methods adopted in this thesis,and briefly points out the deficiencies and possible innovations of this thesis.The first part is the overview of electronic data cross-examination,including the concept and function of electronic data cross-examination,the commonness and difference between electronic data cross-examination and traditional evidence,and the content of electronic data cross-examination.Electronic data cross-examination refers to the litigation activities in which the accused and the defense,under the auspices of the court,explain,question and debate the evidence ability and the proving power of electronic data.The function of electronic data cross-examination: it is helpful for the examination and determination of electronic data,a special form of evidence,and for the improvement of the ability of the judge to find out the facts of the case.The commonness between electronic data cross-examination and traditional evidence cross-examination is to abide by the basic rules of evidence,present in court and presided over by a judge.The difference between electronic data cross-examination and traditional evidence crossexamination is that electronic data has its particularity,different technical content and different dependence on technical experts.The content of electronic data crossexamination includes the authenticity of electronic data,the integrity of electronic data,the legitimacy of electronic data,and the relevance of electronic data.The second part of the text is the problems of electronic data cross-examination,mainly including the legislative level and judicial level.The problems in the legislation of electronic data cross-examination can be divided into two aspects: the insufficiency in the procedure setting of electronic data cross-examination and the insufficiency in the pre-trial evidence discovery of electronic data.The problems of electronic data in the judicial level include the unequal armed forces of the subjects of electronic data crossexamination,the lack of pertinence and integrity of the contents of electronic data crossexamination and the unscientific methods of electronic data cross-examination.The third part of the text is the improvement of electronic data cross-examination rules,including several specific problems in the construction of electronic data crossexamination rules and the improvement of electronic data cross-examination supporting system.Several specific problems in the construction of electronic data crossexamination rules include: first,to clarify the subject of electronic data cross-examination,including clarifying the dispute of the subject of electronic data cross-examination and strengthening the equal confrontation of the subject of electronic data cross-examination.Second,the content of electronic data cross-examination should be refined,including cross-examination of electronic data extraction process,cross-examination of frozen electronic data,cross-examination of electronic data,cross-examination of electronic data transfer and cross-examination of electronic data identification.Third,optimize the methods of electronic data cross-examination,including clarifying the status and authority of expert assistants and the specific methods of electronic data crossexamination.The perfection of the supporting system of electronic data crossexamination includes the system of electronic data discovery,the system of investigators and witnesses appearing in court,the system of appraisers and expert assistants appearing in court.Perfecting the system of electronic data disclosure includes the scope of electronic data disclosure the way of electronic data disclosure and the consequence of violating the obligation of electronic data disclosure.The system of investigators and witnesses appearing in court should be improved,including the circumstances of appearing in court,the subject of application and the consequences of not appearing in court.The system of expert assistant appearing in court should be perfected,including the necessity of expert assistant appearing in court and the purpose of expert assistant appearing in court is to help cross-examine evidence.