Research On The Issue Of Electronic Evidence Collection In Criminal Justic

In the era of Internet information technology,especially after the Criminal Procedure Law listed electronic evidence as statutory evidence in 2012,electronic evidence has gradually become a powerful weapon to fight cyber crimes.It plays an increasingly important role in the investigation of criminal cases.However,in our practice of electronic forensics,there exist a series of problems such as scattered legislation,chaotic standards and insufficient privacy protection.In order to promote electronic evidence collection to meet the realistic challenges and make electronic evidence play its due role in practice,it is necessary to deeply think and analyze the degree of convergence of legal norms and procedures of electronic evidence collection,sum up the existing problems and improve them.Improve the efficiency of evidence collection,safeguard social fairness and justice,and ensure the successful conclusion of cases.Based on the basic concept of electronic evidence,this paper expounds the method,principle and basic process of electronic evidence.On this basis,the legislative and judicial status quo of electronic forensics is analyzed,and the latest legal amendment and legislative evolution of electronic forensics in Chinese criminal justice are systematically reviewed,which lays a solid foundation for the analysis and discussion below.It also analyzes the problems exposed in the legal provisions and practical operation norms in the process of electronic forensics.The author summarizes and compares the excellent systems of the United States,Canada,Germany and France in the electronic evidence field,and on this basis summarizes the enlightenment to our country.According to the useful experience abroad and the problems existing in the current situation of electronic evidence collection in criminal justice,the paper puts forward some corresponding suggestions.Specifically,in terms of legislative improvement,it is necessary to institutionalize legislation,establish unified rules for electronic forensics,integrate and clarify forensics standards,run through the principle of private rights protection,and construct perfect legal norms for electronic forensics.Secondly,in the aspect of improving procedural rules,strict rules should be established to exclude illegal electronic evidence,relax the original electronic evidence identification rules,and improve the forensics procedure.Finally,in terms of supervision and protection,by establishing the judicial review system of electronic evidence,the system of electronic technical experts participating in evidence collection,and strengthening external supervision and rights protection,we eliminate the practical problems of irregular behavior of evidence collection,so as to make our criminal electronic evidence collection more standardized.