Research On Electronic Data Evidence In Criminal Litigation

The development of modern science and technology profoundly affects the exploration and innovation of the rule of law.Electronic data in criminal proceedings meets the need for new-style evidence in the context of current technological progress,however,due to the specific nature of the evidence of electronic data,it also brings challenges and impacts to the traditional criminal procedure rules.The Criminal Procedure Law recognizes the important role of electronic data in technology-based criminal cases.In 2012,electronic data was designated as one of the types of legal evidence,but the specific application of electronic data was not regulated,which caused the dilemma and conflict of electronic data in practice.To meet the needs of justice,Electronic Data Regulations promulgated by the Supreme People's Court,Supreme People's Procuratorate and Ministry of Public Security in 2016,as the first judicial interpretation of electronic data,it has elaborated the relevant provisions on extraction and review in the use of electronic data,but its main content still continues many of the provisions of the existing Criminal Procedure Law,which has certain limitations to effectively play the role and value of electronic data evidence.This article starts with the potential problems of electronic data in forensics and authentication,using the literature research method and comparative analysis method to deeply analyze the basic theory of electronic data,sorting electronic data review and judgment rules,restating the definition of electronic data and its relationship with the rules of evidence,using case analysis method to conduct empirical analysis on evidence collection,extraction and review judgment of electronic data in the "QVOD" case,analyzing the pain points and difficulties faced by electronic data in the development of forensics and authentication links with the current development of the Internet,learning about foreign electronic data evidence related legislative system and judicial practice,suggesting on forensics and certification of electronic data evidence.Refining and perfecting the cooperation content of third-party network in forensics,establishing a third-party assistance network forensics mechanism,and perfecting the protection of citizens' privacy in the process of obtaining evidence.On the legal regulation of electronicdata authentication,emphasizing the integrity of electronic data content under the best evidence rules,excluding of illegal electronic data evidence with restricted lines,conceiving the classification and application of hearsay evidence rules for different types of electronic data.