Doctrinal Analysis Of Illegal Electronic Data Exclusion Rules

In 2012,the amendment of the criminal procedure law formally established the rule of excluding illegal evidence,which can be called the "imperial rule" of criminal procedure and plays a decisive role in the protection of human rights.On the one hand,it is to protect the basic rights of citizens from illegal infringement,especially the rights of criminal suspects and defendants.On the other hand,it can also restrict the illegal collection of evidence by investigation organs.However,the criminal procedure law only provides for this rule in a few words,leaving a large space for judicial interpretation and other provisions.With the rapid development of Internet technology,the number of cyber crimes is more frequent,and the evidence presents more new forms than before.In the network environment,the traditional exclusionary rule of illegal evidence faces many obstacles in the application of judicial practice,which are embodied in the following aspects: first,there is a wrong understanding of whether the exclusionary rule of illegal evidence is applicable to electronic data in judicial practice.Second,there are also big disputes about the subjects of electronic data evidence collection,which are manifested in two aspects: on the one hand,there are different opinions on whether the electronic data collected by administrative organs can be used in criminal proceedings,and on the scope of administrative organs and types of evidence collection in judicial practice;On the other hand,due to the lack of technical support of the investigation organ,a third party with technical qualifications is required to assist in obtaining evidence.Therefore,there is a great dispute over the subject qualification of the third party and the legality of evidence collection.Third,there are different types of illegal types of evidence collection of electronic data.Fourth,in the era of network information,electronic data forensics is not legal,its legal effect is not clear.In the cyberspace,the occurrence field of illegal evidence has shifted from thedirect pain to the person,to the acquisition of relevant evidence,to the "violence" of electronic data evidence,thus violating the basic rights of citizens.Therefore,the rule of excluding illegal evidence should change from traditional space to network space to meet the needs of network crime investigation.Therefore,the understanding of the exclusionary rule of illegal evidence should not be too limited.First,the scope of applicable evidence types of the exclusionary rule of illegal evidence should not only be limited to the statements of criminal suspects and defendants,material evidence,documentary evidence,witness testimony and victim statements listed in criminal proceedings,but also should be included in the scope of regulation of electronic data evidence.Second,the scope of the administrative organs should be standardized,not generalized.At the same time,the electronic data evidence collected by the administrative organs should be limited,and the verbal evidence should be converted into the principle and the exception mode.In addition,the relevant units or individual to a third party can't be a pluralistic understanding,and should consider the need of the present judicial practice,set up technical assistance system dominated by investigators or forensics lab,and may be resolved "legally but no technical qualification,subject has technical qualification" illegal situation of feasible way.Thirdly,due to the vulnerability of electronic data evidence,the types of illegal behaviors should be defined for electronic data obtained by illegal means.Fourth,electronic data obtained through violations of the fundamental rights of citizens can be absolutely excluded.Due to the change from the traditional environment to the network environment,the storage form of evidence has undergone great changes.Only by keeping up with the pace of the network era can the rule of excluding illegal evidence play a better role in protecting human rights.