On The Standardization Of Electronic Evidence Collection In Criminal Investigation

In China’s criminal procedure,the collection rules and types of criminal evidence are constantly improved.The electronic data based on network and computer is playing an increasingly significant role in proving the facts of a case.The systematization,standardization and integrity of the evidence chain of criminal evidence are of great value in determining the criminal responsibility of the suspect and the defendant.The provisions on Several Issues concerning the collection,extraction,examination and judgment of electronic data in handling criminal cases issued by the People’s court,the People’s Procuratorate and the Ministry of public security,which came into force on October 1,2016,is the first provision on electronic data collection in criminal cases in the new criminal procedure law.The purpose of electronic evidence and electronic evidence collection is to further protect criminal system The smooth progress of the litigation procedure also leads to the problems in the judicial practice,such as the nonstandard electronic forensics procedure,the non-specific scope of application of the subject of examination,the low quality of the investigation electronic forensics professionals,the imperfect forensics system,and the violation of citizens’ privacy and personal information,which have become the difficulties and dilemmas in the judicial practice of electronic forensics in criminal litigation.This paper will focus on the electronic forensics On the basis of specific introduction,this paper introduces the current situation of electronic forensics in criminal investigation and its application in China through four parts,and tries to put forward my own thoughts on improving the electronic system and supporting measures in combination with the problems in the application of electronic forensics in judicial practice in China.Specifically,this article mainly expounds from the following fields:The first part starts with the overview of electronic forensics.First of all,it introduces the relevant situation of electronic forensics,mainly including the connotation,positioning and importance of electronic forensics system;secondly,it expounds the value pursuit,principle and criminal evidence collection system,which are three criminal litigation activities related to electronic forensics system,mainly including the content and value of these systems;finally,from the realization of examination and approval centralism and the protection of criminals The privacy rights of suspects and defendants,and the improvement of criminal evidence collection system make a brief summary of electronic evidence collection system.The second part is about the review and summary of the legislation and legal operation of the system of dealing with electronic forensics.It mainly includes the relevant experience of British,American common law system,German and French civil law system and relevant conventions of the international community.Based on this comparative analysis,the common practice in dealing with electronic forensics in various countries is to standardize criminal investigation and forensics and to protect the privacy of citizens,and most of them agree that on the premise of ensuring the smooth progress and justice of criminal proceedings,the electronic forensics procedure and the case information needed for electronic search should be standardized to the greatest extent.In addition,in some specific systems In terms of degree setting,each country has its own characteristics and useful practices for China to learn from.The third part summarizes the current situation and problems of the electronic forensics system of criminal investigation in China.First of all,it summarizes the current situation of the actual electronic forensics system,including the legislative and judicial status quo,analyzes the specific problems existing in the current situation of the electronic forensics system,and enumerates all kinds of situations existing in the reality,supplemented by the corresponding cases to explain;then it analyzes the reasons for the current situation,from the main body,mode and time limit of the electronic forensics system The existing problems of electronic forensics system are caused by the shackles of investigation centralism,the lag of criminal evidence collection system,and the weakening of legal supervision in the investigation stage.The fourth part puts forward some suggestions to improve the standardization of electronic forensics in criminal investigation from the system.First of all,this paper combs out the overall idea of system improvement,that is,to clarify the scope of evidence collection standardization of electronic evidence collection in criminal investigation,and to adopt the multi-level system construction mode of combining sparse,blocking and supplement;secondly,it puts forward specific suggestions,including improving the procedural rules of electronic evidence collection system,clarifying the subject scope of electronic evidence collection,and strengthening the protection of citizens’ privacy right of electronic evidence collection Finally,the paper summarizes and summarizes the electronic forensics system from four aspects: the implementation of the trial centered criminal justice reform,review system,legal supervision and forensics awareness.