Research On The Legality Examination Of Criminal Electronic Evidence

With the continuous development of science and technology,the evolution of the Internet has greatly exceeded people's imagination.At the same time,all kinds of contradictions and conflicts in the Internet world are increasingly prominent.All kinds of network crimes also emerge at a speed beyond the normal.Electronic evidence plays an important role in the fight against cyber crime.In the criminal trial,the legality examination of electronic evidence has become the focus and difficulty of evidence examination and judgment.However,as a new thing in the process of judicial practice,China's electronic evidence still faces great challenges in the process of legitimacy review.This paper uses "electronic evidence" and "legality" as keywords,takes "criminal" as cause of action,and "judgment" as document type for retrieval.After excluding some cases unrelated to the legality review of electronic evidence in criminal trial,it takes whether the evidence part in the judgment document is listed in detail,whether the reasoning part is clear as screening criteria,and whether it is random This paper selects100 criminal judgments as research and analysis samples to investigate the current situation of the legality review of criminal electronic evidence in China,focusing on the analysis of the problems existing in the two aspects of legislation and justice in the legality review of criminal electronic evidence,and puts forward targeted improvement suggestions for the problems involved.The current situation of the examination of the legality of criminal electronic evidence is studied from two aspects: legislation and judicature.In the current situation of legislation,this paper investigates the norms of obtaining evidence of criminal electronic evidence,the contents of the legality examination of criminal electronic evidence,and the exclusionary norms of illegal criminal electronic evidence.In the current situation of justice,it studies the common forms of expression of electronic evidence in criminal justice,the contents of the legality examination of criminal electronic evidence,the results and reasons of the court's examination of the objection to the legality of criminal electronic evidence Investigation.According to the investigation results,there are some problems in the legality review of criminal electronic evidence in China,such as the simple and careless norms of criminal electronic evidence collection,the vague rules of correction of defective evidence,the unclear rules of exclusion of illegal criminal electronic evidence,and the insufficient knowledge and technology of the subject of the legality review of criminal electronic evidence.In view of the above problems,when improving the legality review of criminal electronic evidence,we should first standardize the operation process of criminal electronic evidence collection,start with the establishment of systematic legalnorms,determine the working principles of electronic evidence collection,establish an effective supervision mechanism and secret information processing mechanism,so that the investigation organs can carry out the work of electronic evidence collection in an orderly manner;secondly,we should make clear Secondly,we should build an independent exclusionary rule of illegal criminal electronic evidence,including electronic evidence in the scope of exclusionary rule of illegal criminal electronic evidence,and build an independent exclusionary rule of illegal criminal electronic evidence based on the common controversial situation in judicial practice,and exclude illegal criminal electronic evidence Finally,we should improve the supporting system of the legality review of criminal electronic evidence,such as the establishment of a professional review and identification team,the construction of the introduction system of computer expert consultants,the improvement of the rate of experts appearing in court,the clarification of the principle of criminal electronic evidence proof and cross examination,so as to ensure the effective operation of the legality review of criminal electronic evidence from the supporting system.