Specifications For The Use Of Electronic Data In Criminal Proceedings

In recent years,with the rapid development of science and technology,high-tech products based on the Internet have gradually integrated into all aspects of our lives,and fundamental changes have taken place in the way people communicate and communicate.High and new technology not only brings great convenience to our study,work and life,but also produces some hidden threats and negative factors that are not conducive to social development.In order to strengthen the management of electronic information technology and enable the technology to develop in a healthy and stable direction,when the Chinese Legislature revised the Criminal Procedure Law in 2012,it specifically established electronic data as a separate type of evidence.And the concept,scope,etc.were clearly delineated.Immediately afterwards,the Supreme Law and the Supreme People's Procuratorate and the Ministry of Public Security jointly promulgated the “Regulations on Collecting,Extracting,Examining and Judging Electronic Data in Criminal Cases” in 2016(hereinafter referred to as the “Electronic Data Regulations”),which further clarified Specific application in criminal proceedings.However,in practice,China's electronic data is still in its infancy in terms of procedures and specific applications,and its development level still has a large gap with developed countries in Europe and America.The evidence in the litigation activity occupies the core position.We only take the evidence as the foothold to promote the litigation activity,to have the rule to follow,to have the basis to be proceed effectively.Evidence collection,appraisal and preservation are the top priorities of the current case investigation work.With the acceleration of the development of informatization,the advent of the era of big data,all kinds of crime,especially economic crime methods have been continuously renovated,and the scale of crime has developed rapidly,showing the characteristics of specialization,intelligence,informatization,internationalization,and concealment.Preventing crimes brings new challenges.In the field of criminal proceedings,if electronic data is to be used as a basis for determining sentencing,it must guarantee the legality and justification of its collection,appraisal,preservation,and review procedures while ensuring the authenticity and objectivity of its content.However,since criminal activities using electronic information technology as a new type of crime,the judiciary faces many obstacles in handling such cases.Therefore,by perfecting the methods of electronic data forensics,identification,preservation and electronic data review and certification in criminal proceedings,the value of electronic data in criminal proceedings.This article mainly analyzes and discusses the certification of the evidence and proof of electronic data in criminal cases,and discusses the problems in the certification of electronic data evidence in China,so as to better adapt and grasp the era of big data to bring criminal proof Changes and opportunities.The article first fully describes the concept,characteristics,classification and other contents of electronic evidence in criminal proceedings;secondly,it analyzes the current status of the use of electronic data in China.By analysis the status of electronic data use in the United States,Australia,Germany,Japan and other countries,it is The use of data provides reference and reference;furthermore,it deeply analyzes the current problems in the process of electronic data collection,identification,preservation and review in China,and puts forward corresponding perfect suggestions for these problems in order to be able to provide electronic The use of data provides assistance and reference.