Research On Cross-examination Of Criminal Electronic Data

In the context of the "trial-centered" reform and the high incidence of cyber crimes,improving the criminal electronic data cross-examination system is not only the implementation of the "trial-centered" reform,but also a strong guarantee for the rights of the defendant.However,in practice,criminal electronic data cross-examination activities are mere formalities and fail to play the role of cross-examination.This paper focuses on the cross-examination of criminal electronic data,which is composed of introduction,text and conclusion.The text is divided into five parts.The first part is an overview of criminal electronic data cross-examination.First of all,summarize the theoretical and practical viewpoints and determine the concept of criminal electronic data.Secondly,sort out the characteristics of criminal electronic data,including professionalism,fictitiousness,and three-tier logical structure.Thirdly,combine academic theory and practical views,and put forward the definition of criminal electronic data cross-examination.Finally,summarize the particularity of criminal electronic data cross-examination,that is,the multiple forms of evidence display,strong professionalism,and the content of cross-examination is richer than traditional evidence.The second part is the basic elements of criminal electronic data cross-examination.First,clarify the subjects of criminal electronic data cross-examination,including prosecutors,lawyers,and defendants.Second,the object of criminal electronic data cross-examination consists of the electronic data body,relevant transcripts and appraisal opinions.Third,by combinging the three-tier logical structure and the cross-examination objects,the paper sorts out the content of the cross-examination.Fourth,clarify the procedures for cross-examination of criminal electronic data,including the preparation procedures for cross-examination and the cross-examination procedures in court trials.Fifth,by determinging the criminal electronic data cross-examination method,there are opinions and trial inquiries.The third part is the investigation of the present situation of cross-examination of criminal electronic data in China.On the one hand,it points out the problems of low rank,lack of special regulation and content fuzziness.On the other hand,combined with practical cases,this paper summarizes the shortcomings in judicial practice,including the problems of unprofessional subject of electronic data cross-examination,unclear object of cross-examination,unscientific content of cross-examination,unreasonable procedure of cross-examination and poor effect of cross-examination method.The fourth part is the analysis of the reasons for the cross-examination of criminal electronic data in our country.First,it is difficult for professionals to participate in cross-examination,including unclear legal positioning,limited start-up scope,and unclear standards for personnel selection.Second,the prosecution and defense have insufficient knowledge of the object of electronic data cross-examination.Third,the main reason for the unscientific content of the cross-examination is lacking of grasp of the characteristics of electronic data.Fourth,there are inadequacies in the preparation procedures for cross-examination,and the scoring system and pre-trial meeting cannot meet the characteristics of electronic data.Fifth,the method of cross-examination is unscientific,ignoring the role of appraisers and investigators participating in cross-examination,and there are shortcomings in the interrogation of court trials.The fifth part is the suggestions for perfecting criminal electronic data cross-examination.The first is to clarify the legal positioning,starting conditions,selection qualifications and directory,and to add legal aid measures for electronic data experts.The second is to clarify the object of electronic data cross-examination and sort out the specific details of the cross-examination object.The third is to establish a "physical carrier-virtual carrier-information content" cross-examination content logic based on the characteristics of electronic data.The fourth is to improve the scoring system and the pre-trial meeting system,and clarify the time,method,and relief channels for obtaining electronic data.The fifth is to pay attention to the connection between people and electronic data,solve the difficulty of appearing in court,improve the inquiries of court trial,and realize the combination of "person-evidence" in the method of cross-examination of electronic data.