Research On The Rules Of Using Electronic Data Evidence In Duty Crime

The Supervision Law of the People's Republic of China(hereinafter referred to as the "Supervisory Law")was voted by a meeting of the 13 th National People's Congress in March 2018.The promulgation and implementation of the supervision law is to further promote the rule of law,comprehensively deepen the reform of the supervision system,strengthen the national anti-corruption work,and achieve full coverage of the inspection targets.In the "Supervisory Law",it is clarified that the Supervisory Committee(hereinafter referred to as the Supervisory Committee)is a full-time organ that exercises the functions of state supervision,and the investigative power of duty crimes is transferred from the procuratorate to the supervisory committee.At the same time,the relationship between the supervisory committee and the judicial,prosecutorial,and law enforcement agencies has been established.In the fourth chapter of the Supervision Law,the supervisory authority regulates the rights and obligations of the supervisory committee in the investigation of duty violations and duty crime cases,including some provisions on evidence collection of electronic data.Based on the research and analysis of the relevant provisions on the use of electronic data evidence in duty crime cases in China's current laws and regulations and judicial interpretations,the author combines the practical experience and current situation investigations of the procuratorial organs and the supervisory committee,and finds out the current duty crime investigation process.The use of relevant electronicdata evidence lacks specific operational norms.Therefore,practice often encounters confusion.Some specific methods of application often have certain arbitrariness,which is inconsistent with the spirit of fair and normative judicial principles emphasized by China.Therefore,it is necessary to analyze the problems and causes of the use of electronic data evidence in the current duty crime investigation process,and find the path and method to construct the corresponding rules to regulate.This is the most basic starting point for the writing of this paper,and it is also the theoretical logical starting point for the topic of the paper.In the first chapter of this paper,"the definition of the connotation of electronic data evidence in duty crime investigation",firstly,through the general definition and characteristics of electronic data evidence,the analysis of legal classification criteria of electronic data evidence and other evidence,and the analysis of the characteristics of electronic data evidence in duty crime cases.Three aspects are used to analyze the meaning of electronic data evidence for duty crime investigation.Secondly,through the empirical data analysis of the application of electronic crime evidence and the interpretation of empirical data on the application value of electronic data for duty crime investigation,the application value of electronic data evidence for duty crime investigation is expounded.In the second chapter of this paper,"The status quo of the application of electronic data in the investigation of duty crimes in China and the analysis of the causes of the problems",the author firstly analyzes the status quo of the use of electronic data in the crime investigation of duty crimes,and the problems of the use of the criminal data in the investigation of the crimes and the analysis of the causes of the problems.The investigation and analysis of the status quo of the use of electronic data in the investigation of duty crimes;secondly,the practice of using electronic data in the investigation of duty crimes(especially the collection,fixation and review of electronic data in technical investigation methods)and the use of electronic data for duty crime detection Problems and Cause Analysis(Question: The method of discovering and extracting electronic data interfered with by extra-factors,fixing and preserving electronic data is not scientific,and examining electronic data withtraditional evidence thinking;Causes: Lack of effective working methods,empirical thinking The impact of the impact of scientific and reasonable assessment mechanism,etc.,has carried out research and analysis on the current situation of the application of electronic data in the investigation of duty crimes in China,trying to find out the problems and causes of the current use of electronic data in duty crime investigation.In the third chapter of this article,"Investigation and Comparative Analysis of the Application of Extraterritorial Electronic Data in Legislation and Practice",the author through the legislation and practice of electronic data in the Anglo-American legal system,the legislation and practice of the electronic data of the civil law countries,the current position of China The use of electronic data evidence in criminal cases is based on the interpretation of the three sections.I hope that we can extract the essence and the dross from the legislation and practical experience of the use of electronic data in extraterritorial duty crime cases,and achieve the purpose bylearning from others.In the fourth chapter of this paper,"Construction and Improvement of the Application System of Electronic Data Evidence in China's Duty Crime Investigation",the guiding principles for the construction of electronic data evidence for duty crimes in China are first described,namely,1.The principle of rule of law in handling cases;2.Respecting the principle of guaranteeing human rights;3.The principle of confidentiality;4.The principle of using electronic data for job crimes with Chinese characteristics.Secondly,through the construction and improvement of the relevant rules of the upper law of the use of duty crime detection electronic data,and the specific process of the application of electronic data evidence in the crime investigation of duty crimes,this paper focuses on the concrete construction scheme of the application of electronic data evidence in the investigation of duty crimes in China.