Research On The Collection And Submission Of Electronic Evidence In Criminal Proceedings

Electronic evidence refers to all evidences formed by modern information technology and electronic equipment,or all evidences in electronic form that can prove the facts of a case.As a new kind of evidence appearing only after 1950s,electronic evidence was first treated as audio-visual material in our country.With the rapid development of electronic information and Internet,electronic evidence plays a more and more important role in proving the facts of a case in criminal proceedings.The Criminal Procedure Law revised in 2012 includes electronic evidence in the categories of statutory evidence and audition.The data are used as the eighth kind of evidence.Since then,electronic evidence has emerged as an independent legal evidence in criminal proceedings.The starting point of using electronic evidence in criminal proceedings is to collect and extract electronic evidence by investigative organs,then submit electronic evidence to procuratorial organs and judicial organs.Finally,the judicial organs decide whether to accept the electronic evidence according to the rules of evidence.Collection of electronic evidence is the starting point of using electronic evidence.Submission of electronic evidence is the key link of using electronic evidence on the basis of standardized collection of electronic evidence.Collection is the premise and basis of submission.Submission is the purpose and significance of collection.Because of the digital and virtual nature of electronic evidence,collection is submitted and submitted.This process needs to be transformed and explained reasonably according to the attributes of electronic evidence.This can be done through appraisal opinions,print and broadcast of data,and description of data attributes.In the process of collecting electronic evidence,it is easy to infringe on state secrets,business secrets and personal privacy,abuse Compulsory Investigative means,and obscure procedures for examining and approving evidence.In the process of submitting electronic evidence,it is difficult to produce the original document,the original cross-examination is limited,and the transformation method is not standardized.The reasons for the above problems in the process of collection and submission of electronic evidence lie in the fact that many basic theoretical studies of electronic evidence are not mature enough,the relevant legal provisions and judicial interpretations are contradictory,resulting in unclear collection and submission procedures and non-standard means.Different from traditional evidence such as material evidence,documentary evidence and witness testimony,electronic evidence,as a new form of evidence,has three attributes:systematicness,stability and pluralism,and also has the characteristics of mass,vulnerability and high technology.In order to solve the related problems in the process of collecting and submitting electronic evidence,we should study the basic theory of electronic evidence based on the relevant attributes of electronic evidence,so as to guide the practical application of electronic evidence.Scientific classification of electronic evidence should be carried out,and electronic evidence should be collected in an appropriate manner under strict and specific approval procedures.The original and duplicate of electronic evidence should be analyzed and extracted according to the principle of minimum damage and preserved properly.In the process of submission and cross-examination,the best rules of evidence should not be fully followed,and the relevant materials such as the original and duplicate should be used reasonably.As for the transformation mode of electronic evidence original and duplicate-judicial expertise opinion,we should improve the management of judicial organs and third-party expertise institutions,strengthen the construction of professional management system of expertise,and strengthen the rules of cross-examination procedure of judicial expertise in court trials.Only in this way can we ensure that the process of collection and submission of electronic evidence meets the requirements of "true,complete and legitimate"examination,and play the role of electronic evidence.