Research On The Adoption Of Criminal Electronic Data Authentication Opinion In China

With the rapid development of new technology,criminal means and criminal behavior show a trend of diversification and concealment.For organizing and leading pyramid sales,for example,the field of crime is no longer confined to the field of "reality",but has extended to the virtual network field,the criminal means is no longer the traditional centralized training "pyramid",instead it is more rich and colorful,such as with the aid of computer "network marketing" "in the form of computer network,frame marketing MLM",etc.This development trend has brought great challenges to the evidence investigation work in criminal proceedings.The above crimes involve computers or electronic data generated by the Internet in the process of implementation,which is an important entry point for our investigation and evidence collection.In recent years,the judicial identification of the electronic data is emerging in the practice of evidence,to identify the electronic data involved and displayed in the form of evaluation of electronic data expert opinion in field of Criminal Procedure practice provide important clues for a case of investigation,find out the case fact,one of the important evidence of criminal detection to play an active role.As one of the eight types of evidence stipulated in the Criminal Procedure Law of the People’s Republic of China,electronic data appraisal opinions are widely used in litigation activities,especially in trial activities,and become an important basis for the determination of case facts.The modern electronic data and its identification technology have the characteristics of high technology,fast updating speed and wide scope,and the existing problems deserve our attention.What is the distribution status of electronic data appraisal cases in China,what are the main aspects of the review of electronic data appraisal opinions,what are the existing problems in their acceptance status,and how to make better use of electronic data appraisal opinions to improve the efficiency and quality of case investigation have become the focus of our attention.Therefore,this paper focuses on the adoption of electronic data appraisal opinions in criminal proceedings in our country,returns to the practice to analyze the current adoption of electronic data appraisal opinions,summarizes the problems,and tries to put forward perfect suggestions for the existing problems.This paper is divided into five chapters.The first chapter introduces the background,methods and literature review of the topic,and briefly expounds the research status of this topic.The second chapter is an overview of electronic data identification in criminal proceedings,including its concept,the content level of identification,and how to introduce the identification process.The third chapter investigates the current situation of electronic data identification and acceptance in China.Through case retrieval and data collation on the Chinese Judicial Document Online,it analyzes and summarizes from the whole to the individual cases.The fourth chapter is to analyze the causes of the problems existing in electronic data identification in criminal proceedings in China,respectively from the appraisal system,whether the judge’s acceptance standards tend to be objective,and whether the expert or the expert appear in court is normal or not.In the fifth chapter,the author tries to put forward some suggestions to solve the problems existing in the current situation of electronic data identification and acceptance.