Research On Evidence Collection Of Electronic Evidence In Criminal Procedure

Everything has both positive and negative sides.Nowadays,the popularization rate of information science and technology and Internet technology is getting higher and higher.While greatly changing our living and working environment,it also creates convenience for criminals,and makes the cost of illegal crime decrease continuously.Criminals use the Internet to commit crimes more and more diversified means,showing the characteristics of intelligence and concealment,making the investigation more and more difficult.In 2012,China's Criminal Procedure Law takes electronic evidence as one of the types of statutory evidence.In 2016,the Supreme Court,the Supreme Procuratorate and the Ministry of Public Security jointly promulgated the Provisions on Several Issues Concerning the Collection,Extraction and Review of Electronic Data in Criminal Cases.In 2019,the Ministry of Public Security promulgated the Rules for Evidence Collection of Electronic Data in Criminal Cases Handled by Public Security Organs.These two documents are normative documents specially issued for electronic evidence collection.They have made certain provisions on the concept,subject,object,method and procedure of electronic evidence collection in criminal proceedings.They are the most comprehensive legal normative documents on electronic evidence and electronic evidence collection in China at present.However,some statements in the provisions are still vague,and the boundaries of the scope of application are not clear enough.All these make the use of electronic evidence in criminal proceedings still have some problems.In this paper:In the first chapter,I explain the writing background,research significance,literature review and writing methods of this paper.The second chapter discusses the basic theory of electronic evidence and electronic evidence forensics,including the concept,characteristics and classification of electronic evidence,the subject,object,method and procedure of electronic evidence forensics and the principle,which lays a foundation for the whole paper.Chapter III focuses on the problems of electronic evidence collection in criminal proceedings,such as legislative decentralization,unclear scope of technical investigation measures,inadequate advanced forensic technology and equipment,inadequate protection of citizens' privacy,inadequate supervision and restriction,and lack of comprehensive professionals.These are all the problems that need to be solved urgently in criminal proceedings.Then in the fourth chapter,I summarize and compare the excellent systems of the United States,Canada,France and Germany in the field of electronic evidence and electronic evidence collection,and analyse the reference significance of these excellent experiences for our country.Finally,in the fifth chapter,I put forward the idea of solving the problem,including systematizing legislation,defining unified standards,defining the scope of application of technical investigation measures in electronic evidence collection,fully learning new forensic techniques,strengthening the protection of citizens' right to privacy in legislation,strengthening supervision and restriction of power,training comprehensive talents,and strengthening the construction of forensic team.Finally,in the concluding part,I make a summary of the article and puts forward the prospect.Based on the latest legislation,this paper summarizes the problems in practice,and finally puts forward its own suggestions from a more comprehensive perspective.I hope that this paper will arouse the attention of our legal practice departments,legal theory circles and social personages on the issue of electronic evidence collection,and carry out further research in order to meet the needs of reality and adapt to the development of the times.