Research On The Application Of The Best Evidence Rule Of Electronic Data In Criminal Proceedings In China

With the advent of the digital economy and the era of big data,electronic data,a new type of evidence that integrates legality and science and technology,has gradually occupied an important position in criminal cases.The Criminal Procedure Law revised in 2012 classified electronic data as an independent type of evidence,and confirmed its legal evidence status from legislation,making electronic data more and more widely used in China,quietly changing the theory of criminal proceedings and litigation.the way.Although China currently involves electronic data in legislative and judicial interpretations,there are still prominent problems.The formulation of rules and regulations related to electronic data is still a hot topic of academic research and legislators in recent years.China's current criminal evidence rules are still at a stage of constructing new rules and supplementing old ones.Although the "Regulations on Several Issues Concerning the Examination and Judgment of Handling Death Penalty Cases" issued by the "two high schools and one department" in September 2016 made more detailed rules on how to collect,extract and examine judgments of electronic data,the rules of evidence applicable to electronic data It is still extremely scarce,and its application in practice is uncertain.The law of our country has adopted the substance of the rules of best evidence,and its scope of application has gradually extended to the field of electronic data.However,compared with the British and American law system,China's emphasis on the application of the rules of best evidence is obviously not high.In general,it is still emphasized that the original and the original should be used as the basis for finalizing the decision.Only when the original or the original cannot be obtained,the copy or reproduction can be submitted under restricted conditions.Regarding the issue of the original electronic data,China has taken into account the theoretical points of the "manufactured original" and the "integrity principle" in judicial interpretation,emphasized the technical integrity judgment of the electronic data,and got rid of the traditional best evidence rules for the original.The required reliance and restraint have not yet achieved a good connection between electronic data and the rules of best evidence.The introduction section mainly introduces the background and reasons of the research related to this article,combs the current status of domestic and foreign research on the application of the best evidence rules for electronic data,and presents creative new insights into related issues.The first part of the text is the basic theory of electronic data and best evidence rules in the form of the Internet.It mainly includes the basic categories of electronic data and the basic connotation and legal basis of the best evidence rules.The second part and the third part analyze the relevant issues of the application of the best evidence rules for electronic data in the United States and Canada,represented by the United States and Canada,combined with the current legislative and academic research in China.The dilemma of the application of the best evidence rule of electronic data in criminal proceedings in China is summarized.The fourth part puts forward corresponding perfect suggestions for the above dilemmas.The concluding part is a general summary of the content of this article and expectations for future judicial practice legislation and academic research.