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Research On Electronic Evidence Collection In Criminal Procedure

Posted on:2021-04-10Degree:MasterType:Thesis
Country:ChinaCandidate:X M ZhaoFull Text:PDF
GTID:2416330602495697Subject:Law
Abstract/Summary:PDF Full Text Request
The rapid development of science and technology has not only brought huge changes to our lives,but also brought changes to the superstructure,and promoted the continuous reform and improvement of the superstructure.The comprehensive coverage of the Internet also provides space for criminals to commit criminal acts.Rising cybercrime rates have made it harder to crack down on crimes,while also placing new requirements on electronic evidence extraction.Since the 21 st century of information age,electronic computers have been widely used.With the rapid development of Internet technology,the popularization of electronic equipment and the updating of products,electronic data has become one of the important carriers to convey information and record facts.In all kinds of cases,electronic evidence has even become the main evidence,playing an important role in ascertaining the facts of the case,restoring the authenticity of the case to the greatest extent,settling disputes and upholding justice,and even directly related to the identification of the facts in the case.Before the 2012 revision of the Criminal Procedure Law,the Supreme People's Court and the Supreme People's Procuratorate issued a series of documents to study issues related to electronic evidence.In 2012,China revised the criminal procedure law to formally include electronic data in electronic evidence.Meanwhile,the highest judicial organ further standardized the extraction and verification of electronic evidence,laying a foundation for the further application of electronic evidence in judicial practice.This article analyzes the legislative background and current status of electronic evidence in China,compares the relevant extraterritorial regulations.From the perspective of the legislative background and current status of electronic evidence in China's criminal litigation,the beneficial experience related to extraterritorial electronic evidence collection rules,and the current status of China's judicial practice and existing problems,the author puts forward several suggestions to consummate our country's relevant systems,so that the judicial workers can strives to find the balance of value maximization between the detection of cases and respect for human rights in strict compliance with legal requirements.
Keywords/Search Tags:electronic evidence, evidence collection rules, evidence subject
PDF Full Text Request
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