Research On The Application Of Electronic Data In Criminal Procedure

In recent years,with the continuous development of science and technology and information technology,especially the development of electronic computer technology and network technology,people have ushered in the era of digital economy and big data.Modern science and technology represented by mobile internet,big data,cloud computing and artificial intelligence are changing our production and life style,and also quietly changing the theory of criminal procedure and the mode of litigation.In the field of criminal justice,data and information have become the driving force to promote criminal investigation.Electronic data is also more widely used in litigation.In the amendment of the Criminal Procedure Law in 2012,"electronic data" is explicitly used instead of "electronic evidence",and electronic data is added to the category of statutory evidence.Electronic data is changing the way of investigation and the concept of judicial proof in a subtle way,and promoting the reform of judicial proof system to a certain extent.As a new born child in the field of evidence combining law with science and technology,electronic data has attracted a lot of attention.While scholars explore it,they also expose many problems.For example,electronic data forensics involves infringement of personal privacy,different standards of identification,etc.How to clarify the legal nature of electronic data and its applicable rules,accurately grasp the actual situation of the application of electronic data in criminal cases,and solve the plight of application practice are very important for the application of electronic data in criminal proceedings.Through the comparative analysis of electronic data and related concepts,including electronic evidence,audio-visual materials,and the analysis of the characteristics of electronic data,we can grasp the concept of electronic data more profoundly and comprehensively.In the amendment of the Criminal Procedure Law in 2012,for the first time,it is clear in legislation that electronic data exists as a separate form of evidence.Before that,electronic data has been included in audio-visual materials.Nowadays,more and more evidence is expressed in various cases in the form of "electronic data",but the empirical data shows that its application in criminal cases is not optimistic.On the basis of grasping the basic general situation of electronic data,this paper analyses the application status of electronic data at home and abroad,integrates and analyses the related cases of electronic data application in criminal proceedings and civil proceedings faced by Chinese judicial documents online,and focuses on the application of electronic data in the United States,relevant laws,regulations and standards in some documents.Based on the analysis of the feasibility and advantages of foreign electronic data application,combined with domestic social reality and the development status of electronic information technology and the application status of electronic data in criminal proceedings,we can choose to draw lessons from foreign countries.Then,combined with the "case" and so on,we can find out some difficulties in the application of electronic data in criminal proceedings from the practice,focusing on the collection,evidence collection and identification of electronic data.In view of the problems mentioned above,specific and feasible solutions are put forward.Electronic data as a new type of evidence,or even as the future "king of evidence",has great room for development.Making good use of electronic data evidence will play a huge role in promoting the development of judicial evidence.