The Exclusion Of Illegal Electronic Data

The illegal evidence exclusion rule reflects the criminal justice concept and the legal environment of a country.It is the vane of a country's legalization construction and a hot issue for the long-term discussion in the academic circle.In recent years,with the issuance of two evidentiary regulations and some normative documents,China has initially established rules for the exclusion of illegal evidence with Chinese characteristics.Later,the revision of the Criminal Procedure Law also determined the illegal evidence exclusion rules from the legislative level.At the same time,with the development of social information,electronic data has become more and more frequent in judicial practice,playing an increasingly important role.However,by sorting out the relevant regulations on the exclusion of illegal evidence issued in recent years,we can find that the existing illegal evidence exclusion rules in China have an evasive attitude towards electronic data,and it is not clear that electronic data should be included in the illegal evidence exclusion rules.range.Moreover,the relevant provisions of technical investigations are clear that the electronic data obtained by technical investigation measures are excluded from the scope of application of the illegal evidence exclusion rules.As long as the verification is true,the development of this regulation and the illegal evidence is excluded.Violation.Under such a legislative background,whether electronic data should be applied to the exclusion rule of illegal evidence,and what exclusion rules should be established for the characteristics of electronic data is the focus of this thesis.The content of this article is mainly divided into four parts.The first part introduces the problem by judging the legislative status and judicial practice of the illegal evidence exclusion rules,including the research background,research significance and research status of the thesis.The second part is an overview of the rules for the exclusion of illegal electronic data,including the status and content of the rules for the exclusion of illegal evidence,the characteristics of electronic data,the attributes of electronic data evidence,and the impact of electronic data forensics measures on the exclusion of illegal evidence.The third part is an analysis of the status quo and problems of illegal electronic data exclusion in China based on judicial cases.The fourth part is about the status quo of illegal electronic data exclusion,and proposes a sub-category exclusion system for establishing illegal electronic data.The electronic data infringing basic rights and the next electronic data are subject to different standards.Suggestions for the elimination of illegal electronic data exclusion procedures,including the pre-emption of illegal electronic data exclusion procedures,improve the system for investigators to testify in court,and introduce an expert support system in the process of illegal electronic data exclusion.