On The Improvement Of Electronic Evidence Examination System

With the development of information technology,electronic data has surrounded us tightly.The emergence of big data,cloud computing,and the Internet of Things has made people's lives more visible and visual.The widespread use of electronic data has brought great convenience to people,and the cases involving electronic data have also exploded.The Criminal Procedure Law of 2012 keeps pace with the times and uses electronic data as the eighth type of evidence,giving the legal status of electronic data.The nature of electronic evidence differs greatly from traditional evidence,and the review of electronic data cannot be equated with other evidence review.In judicial practice,how to correctly examine electronic evidence plays a decisive role in determining the facts of the case.If the review is improper,it is easy to make a wrong case.At present,China's legislation does not have clear regulations on electronic evidence review.Only some regulations are scattered in other laws.This is not an effective problem in judicial practice.Therefore,in order to regulate the review and judgment behavior in the litigation process,It is particularly important to improve China's electronic evidence review system.The paper is divided into four parts,the first part is an overview of electronic evidence review.Firstly,it introduces the concept of electronic evidence review and electronic evidence,analyzes the origin of the two concepts,and defines its meaning.Secondly,the characteristics of electronic evidence are expounded.Intangibility,easy to disappear,easy to destroy,and recoverability are the biggest differences between electronic evidence and traditional evidence.The electronic evidence review is also carried out around these four characteristics.The second part is the status quo of electronic evidence review in China.First,we introduce the legislation of electronic evidence review from the perspective of legislation.There is no separate law on electronic evidence review in China,and the relevant content related to electronic evidence review is scattered among various laws.Second,introduce the five major issues facing the current electronic evidence review.Based on the data of the Chinese Court of Judgment,the article analyzes the five aspects of electronic evidence review in five aspects: electronic evidence collection,electronic evidence reviewers,forensic products,electronic evidence,and electronic evidence identification rules.The third part is the foreign electronic evidence review rules and experience.Introduce the legal provisions concerning the examination of electronic evidence in civil law countries and common law countries.It is proposed that the combination of China's actual electronic evidence review can draw on the advanced experience of foreign countries from the legislative concept,the original confirmation,the illegal evidence exclusion,and the evidence reinforcement system.The fourth part is the proposal to improve China's electronic evidence review system.It proposes to improve the electronic evidence review system from the aspects of admissibility and proof.Electronic evidence admissibility review includes the relevance of e-evidence,legitimacy,review of the admissibility of electronic evidence abroad,and hearsay rules and best evidence rules for electronic evidence.The electronic evidence proves that the review includes the review of the authenticity,completeness,proof of the evidence,and adequacy of the electronic evidence.