Research On The Application Of Electronic Data In Criminal Procedure In China

The rapid development of modern society and the high-tech products with the Internet as the link have gradually penetrated into people's work and life,thus revolutionizing the way people exchange information.The information revolution has also produced a new form of network technology crime,which in turn has brought many problems to judicial case handlers.In the process of investigating and prosecuting a large number of criminal cybercrime,a new type of evidence related to the facts of the case,electronic data,emerged.Electronic data is a data material that exists in electronic form and requires electronic smart devices as a carrier and can prove the facts of the case.In China's Criminal Procedure Law,which was amended in 2012,“electronic data” was added as a separate type of evidence.China's current "Criminal Procedure Law" and "Electronic Data Regulations" and other normative documents have clearly defined the concept and scope of electronic data,but its guiding significance is stronger,and there is still lack of implementation in specific operations.In the face of complex practice,electronic data has emerged a series of applicable issues in the criminal proceedings.Starting from reality,this paper first tries to discuss the uniqueness of electronic data as evidence in the Criminal Procedure Law,and sorts out the definition,attributes,types,differences from other forms of evidence and the probative force and ability of electronic data as evidence.Then,through three criminal cases,the author further analyzes the shortcomings of the application of electronic data in criminal proceedings,namely the authenticity of electronic data in criminal proceedings,the best evidence rule and the application of illegal evidence exclusion rule.At last,I put forward my own suggestions to the above three main problems,and promote the perfection of the electronic data authentication system by improving the professional quality of the collecting subjects,perfecting the electronic data authentication method,and updating the electronic data collection technology.To promote the establishment of the best evidence rules for electronic data by establishing the original rules for electronic data,defining the approval methods for electronic data copies,and perfecting the electronic data authentication system;The exclusionary rule of illegal evidence for electronic data is constructed by clarifying the exclusionary rule of illegal evidence for electronic data,refining the exclusionary method of illegal evidence for electronic data and enhancing the protection of citizens' legal rights.