Judicial Application Of Electronic Data In Criminal Proceedings

At present,network technology has infiltrated into people's daily life.Moreover,because computer technology will have a good development potential and prospects in the future,the spread of electronic information will naturally penetrate into the judicial field of crime and combating crime.In this context,the evidence of criminal proceedings has objectively added a form of existence-electronic data.Electronic data is included in the scope of new evidence after the Criminal Procedure Law was revised in 2012.As the time and the science and technology is developing,electronic data plays an increasingly prominent role in criminal proceedings.In the era of increasing emphasis on evidence referee,electronic data has become more and more diverse with the development of the Internet,and the volume has become larger and larger,which puts new demands on the collection,identification and use of electronic data in criminal proceedings.Therefore,the relevant issues of electronic data can not be ignored by the current criminal justice system,and even the collection,identification and use of electronic data need to be considered in a crucial position.From a global perspective,both the mainland legal system and the United Kingdom and the United States legal system have made rules on electronic data at the legislative level.They deal with the problem from the aspects of evidence collection,proof,crossexamination and certification.On the contrary,although our country has sporadic provisions on electronic data in civil and administrative litigation,its content is relatively scattered and not systematic,and there is a blank in the criminal procedure law.The status of electronic data in criminal justice practice is getting higher and higher,which is in sharp contrast with the above situation.Therefore,the gap between practical needs and legislative norms has naturally formed.In this paper,based on the connotation and characteristics of narrow-sense electronic data and the relevant experience of foreign legislation,the author analyses the current problems of electronic data in criminal procedure judicial practice in China,such as the strength of proof,the uncertainty of evidence collection and the exclusion rules of illegal electronic data.Then the author puts forward some preliminary suggestions to solve these problems in order to provide reference for legislators.The problems existing in the application of electronic data in criminal justice and how to improve them are discussed in five parts.In the first part,the research history of electronic data is reviewed,and the research ideas and methods of this paper are put forward.As a new type of evidence,the study of electronic data is still in its infancy in China.Especially,there are many problems in the application of electronic data in the specific criminal procedure,which need to be further studied.This is also the focus of this paper.In the second part,the basic concepts and characteristics of electronic data are introduced.Electronic data refers to the data formed in the course of a case and stored,processed and transmitted in digital form,which can prove the facts of the case.Digital,high-tech,coexistence of stability and vulnerability,network and so on are the four characteristics of electronic data.These special attributes determine that electronic data can not be simply constrained by traditional evidential rules,and the rule system conforming to the inherent mechanism of electronic data should be constructed.In the third part,the domestic and foreign legislation of electronic data is introduced.In particular,the legal system of the United Kingdom and the United States has made many bold and active attempts to regulate electronic data,which has certain reference significance for our country.In the fourth part,the problems existing in the application of electronic data in criminal justice in China are introduced.There are some problems in the proof of electronic data,collection and extraction,and the application of exclusionary rules of illegal evidence in China.In the fifth part of this paper,the author aims at the above problems,and then puts forward the sound mechanism and development goal of electronic data information in criminal proceedings on the basis of drawing lessons from foreign experience and combining with our country's practice.