Research On The Guarantee Of The Evidence Competence Of Criminal Electronic Data

At present,the integration of Internet technology and criminal justice is more and more in-depth.There are electronic data in all kinds of criminal cases.Electronic data plays an important role in proving the facts of cases.With the popularization of the Internet and the continuous progress of computer technology,a large number of traditional crimes are implemented on the network with the help of information technology.The traditional types of evidence and rules of evidence can not meet the needs of judicial practice under the rapid development of economy and society.In this case,the criminal procedure law in 2012 was amended to respond to judicial needs and establish electronic data as one of the types of legal evidence.Subsequently,laws and regulations related to electronic data such as the provisions on electronic data and the rules for electronic data forensics were issued to provide legal norms for the application of electronic data in criminal proceedings.Nevertheless,there are still many deficiencies in the whole judicial practice of criminal electronic data from extraction and fixation to cross examination and authentication in court,and these problems may affect the evidence competence of electronic data,resulting in its loss of the role of proving the facts of the case.Therefore,it is very necessary to define the connotation of the competence of criminal electronic data,and then analyze and regulate the guarantee of the evidence competence of electronic data in judicial procedure.Firstly,this paper briefly analyzes the concept of electronic data in the preface.According to the connotation of legal provisions,it comes to the conclusion that the composition of electronic data includes form,time and functional elements,and analyzes the virtualization,high-tech and vulnerability of electronic data.The first chapter interprets and defines the evidence competence of criminal electronic data.The first is the theory of the competence of evidence,briefly understands the concepts of "evidence competence" in civil law system and "admissibility" in Anglo-American law system,and summarizes the connotation of the concept of "competence pf evidence" in our country.Then it briefly introduces the category of evidence attribute corresponding to evidence competence.Finally,combined with the characteristics and relevant provisions of electronic data,it understands the content of evidence competence elements of electronic data from two aspects:positive elements and negative elements.With the advent of the information age,criminal crimes exist in both real space and cyberspace.Electronic data has become an indispensable evidence for the investigation of increasingly severe cyber crimes.The second chapter uses the method of empirical research to analyze the application status of electronic data in domestic criminal proceedings by taking the case of telecom network fraud in 2019 as a sample case,so as to find and integrate many problems existing in the guarantee of criminal electronic data evidence competence.The third chapter is about the problems of the incomplete combination of legal certification and technical certification of evidence and the regulation of electronic data.The fourth chapter adopts the method of comparative analysis to investigate the legislative model and specific legal rules of the key countries of common law system and civil law system in regulating the application of electronic data,and summarizes the advantages of using foreign countries for reference in ensuring the competence of evidence in the application of electronic data.Finally,according to the analysis of the previous parts,combined with the current criminal justice practice and the application status of electronic data in criminal proceedings,and drawing lessons from the good places done abroad,the fifth chapter gives some standardized suggestions for the above analysis,including improving the procedural laws and regulations and review and judgment rules of electronic data evidence ability,strengthening the professional construction of electronic data from many aspects,etc.The application of criminal electronic data is more and more extensive.Through this research,we hope to promote the theoretical research on the guarantee of electronic data evidence ability in the field of litigation,make up for the deficiency of the guarantee of evidence ability in the practical application of electronic data in the past,and promote the improvement and development of criminal justice practice.