Research On Criminal Electronic Data Forensics Rules In Digital Age

With the rapid development of the digital age and the continuous maturity of new information technology,people's life style and behavior pattern have changed greatly.At the same time,cyber crimes involving the use of new information technology to evade traditional investigation methods are also emerging one after another.Electronic data,as the main evidence type for criminal investigation and litigation in cyber crimes,has become the most powerful weapon to crack down on related illegal and criminal activities.In recent years,investigative agencies have widely used new technological means such as network exploration and big data investigation to obtain evidence of electronic data in practice.However,while electronic data evidence collection greatly strengthens and facilitates the investigation work,the risk of citizens' personal information rights being invaded and even violated is also increasing.In the new era of comprehensively ruling the country by law,completing the requirement of "feeling fairness and justice in every judicial case" requires not only the judicial work to pay attention to the result justice of the case judgment,but also the procedural justice that produces the result.At present,due to the absence of the right to personal information,there are some problems in the extraction of electronic data in criminal proceedings,such as careless standards of evidence collection,vague nature of evidence collection measures,insufficient judicial review and weak supervision mechanism.In the future,it is necessary to perfect the legislation in such aspects as clarifying the orientation of personalinformation rights,refining the rules of evidence collection,strengthening judicial review,and establishing a supervision mechanism.At the same time,it is necessary to make a summary of the emerging details in the practical work of evidence collection,and to construct the internal standard system of investigation organs.Standardizing the collection of criminal electronic data,clarifying the positioning of personal information rights is the core,and balancing the exercise of public power and the protection of personal information is the means.This article starts with each process of criminal electronic data evidence collection,based on the matching of citizens' information rights and evidence functions,attempts to clarify the boundaries of public and private power rights,promote the standardization of criminal electronic data evidence collection in China,and further implement the constitutional and criminal procedure law principles of "human rights protection".In addition to the introduction and conclusion,this article consists of four parts:The first part elaborates the relevant connotation of electronic data and personal information rights,including the evolution and extension of electronic data and personal information rights;The second part analyzes the internal logic and basic principles of protecting citizens' personal information rights in the process of electronic evidence collection,and expounds the reasons for protecting personal information rights in the process of electronic evidence collection and the basic principles that should be followed when constructing rules.The third part combs the current legislation and practice in the field of electronic data forensics and the protection of personal information rights in China,and discusses the shortcomings in the construction of existing rules.The fourth part sorts out the legislation and practical experience of foreign countries on personal information protection in the process of electronic evidence collection,and according to the foreign experience and mode,aiming at the deficiencies in the existing rules construction in our country,puts forward specific suggestions and ideas on the future system improvement in our country,with a view to solving the difficult problem of personal information protection in electronic data collection in our country.