Analysis On The Electronic Data Of Li Nan And Han Meng’s Official Embezzlement Case

After the promulgation of the Criminal Procedure Law and the Interpretation of the Criminal Procedure Law in 2012,electronic data were classified as separate types of evidence.And then,The Criminal Electronic data regulations were promulgated in2016.This frequent addition of new norms,reflects that the application of electronic data is more and more widespread,the desire to establish a legal system related to electronic data of the desire of Chinese legislators is becoming more and more urgent.The reason why electronic data evidence has been paid more and more attention by the legislature and theorists in our country is because electronic data is a new product of the development of information science and technology in modern society and a new type of evidence that hasn’t been available for thousands of years.It is a new thing all over the world,and the relevant rules are also groping in other countries.Compared with the traditional evidence in the past,the development of electronic data has become an important symbol of the modernization and informationization of judicial civilization in a country.However,as the rule of electronic data evidence in our country has just started,it is still faced with a series of problems.The most important thing is the application problem of examination and Authentication of Electronic data and exclusion of illegal evidence in judicial practice.It includes not only the procedural problems of investigators in the process of collecting electronic data,but also the application of judges in the final review,as well as the legislative issues of our current legal system of electronic data,which is more theoretical and less operable.This article takes Li Nan and Han Meng’s embezzlement case as the guide,I will summarize the focus of controversy in this case,analyze the problems existing in the judicial practice of electronic data examination and authentication and the exclusion of illegal evidence,and put forward my own suggestions.It is hoped that it will be beneficial to the application of electronic data in judicial practice in our country in the future.