Procedural Control Of Electronic Data Search In Criminal Proceedings

With the development of network popularization and the advent of the era of big data,the relationship between people’s life and the network is becoming increasingly close,and criminal crimes also show a trend of electronic.Therefore,the research on the standardization of electronic data forensics began to enter the judicial perspective.The criminal procedure law in2012 for the first time the electronic data as legal evidence,electronic data with mass,concealment,formal and traditional evidence type have big difference,electronic data search program is more complicated,but the new criminal procedure law is not detailed to electronic data search procedures,in practice is fuzzy,does not have the characteristics of operability.In order to solve the above problems and realize the effective procedural control of electronic data search,the author believes that the electronic data search system is studied.This paper is divided into four parts except the introduction and introduction.The first part is an overview of the electronic data searches.Through combing the academic concept of electronic data,and our electronic data related legal terms（mainly in 2016 on handling criminal case collection,extraction and review of electronic data regulations and2019 the public security organs for criminal cases electronic data evidence rules）,clear electronic data concept,characteristics,define the concept of electronic data search,and distinguish similar to electronic data search,further points out the value of electronic data search program and significance of control.The second part is the deficiencies of the electronic data search procedure.By analyzing the electronic data related legislation,combined with the specific situation of judicial practice,reveals the electronic data search mainly exist the following problems: search the legitimacy of the subject and technical conflict,search conditions not limited,search scope,insufficient approval procedures,the third party technical assistance conditions with fuzzy,missing relief system,etc.The third part is the comparative method investigation of electronic data search.This part mainly selects the United States,Germany and France,countries with perfect electronic data search system,to analyze,summarize,integrate and provide reference for the legislation of electronic data search in China.The fourth part is the reform and improvement of the electronic data search procedure in China.This part mainly demonstrates the current our country should be from the construction of professional network law enforcement team,limited electronic data search conditions,clear electronic data search scope,clear electronic data search procedures,standardize the third party technical assistance,improve the illegal electronic data exclusion rules to improve the electronic data search program.