On Examination And Judgment Of Electronic Data In Criminal Procedure

In today’s information network era,electronic data is an inevitable product of the development of information technology.It records a large part of people’s trajectory of life and provides many conveniences for people’s work and life.In the field of criminal justice,it has also become a new form of evidence used to determine the facts of cases,and played an irreplaceable role in proving the main facts of related cases.However,due to the high-tech and fragility of electronic data and the limitations of judicial staff’s own professional,there are many problems in the review and judgment of electronic data in criminal justice practice.This article uses comparative analysis methods and case analysis methods and other research methods,starting from the connotation and characteristics of electronic data,combined with the relevant laws and regulations and judicial practice of existing electronic data review and judgment,to conduct a research on the review and judgment of criminal litigation electronic data.This article is divided into four parts:the first part is an overview of electronic data,from the three aspects of electronic data connotation,practical characteristics,legal analysis,etc.to macroscopically understand the electronic data in criminal proceedings;the second part is criminal proceedings The necessity of China Electronic Data Review Judgment mainly interprets the necessity of criminal lawsuit electronic data review judgment from three aspects:promoting the development of criminal litigation activities,ensuring the correct application of electronic data,and protecting the defendant’s litigation rights;The third part is the problems existing in the review and judgment of electronic data in criminal proceedings,mainly from the two aspects of the impact of traditional evidence review and judgment methods on electronic data and the problems of electronic data review and judgment at various stages of criminal proceedings,which are divided into horizontal and vertical Analyze the problems existing in the electronic data review and judgment in the current criminal procedure judicial practice;the fourth part is to improve the mechanism of the criminal process electronic data review and judgment,this part is mainly to provide evidence for the problems that occurred in the electronic data review and judgment process above Rules and technical solutions Improvement measures.This article upholds the problem consciousness to study the problems that arise in the field of criminal prosecution of electronic data review and judgment,whether in academic research or judicial practice.Therefore,this is not only an expansion and improvement of traditional criminal evidence science,but also a response to the continuous development of criminal prosecution activities.It proposes innovative and practical measures for the resolution of issues related to criminal justice practice and summarizes electronic data.Related classic cases,on the basis of saving judicial resources,make the law and related practice activities better combined to promote the good realization of the legal value,and contribute to the construction of the country’s rule of law.