Criminal Electronic Data Collection

With the continuous development of electronic information technology,the Internet and computer technology,two representative technologies,are increasingly popular,and have been widely used in various fields of society.In the field of justice,various electronic cases appear continuous,electronic evidence has gradually diversified.Electronic evidence refers to a new evidence which combines electronic information technology and the law.In the field of justice,it plays an increasingly important role.Since electronic evidence was established in "Criminal Procedure Law" as a new type of criminal evidence in China in 2012,in September 2016 the Supreme People’s court,the Supreme People’s Procuratorate and Ministry of Public Security jointly issued the "Regulations on the handling of several problems in criminal cases were collected to extract and examination of electronic evidence"(hereinafter referred to as the "criminal electronic evidence specification"),which made a series of provisions on the collection,review and other aspects of the application of the criminal electronic evidence,this is the first time that the three offices made the special specification for some kind of criminal evidence in the form of the judicial interpretation.As a result,the electronic evidence is about to become the "king of evidence" in the information age.However,there are always two sides.Electronic evidence can identify the facts of the crime,fight criminals and upload justice,but it easily infringes the legitimate rights of citizens,such as property rights,privacy,freedom of communication and secrecy in communication,because of the particular collection way of the electronic evidence,imperfection of the current laws and regulations,and the lack of protection awareness in privacy rights,freedom of communication,and the right of communication privacy.It is hard to guarantee the legitimate rights of citizens in the criminal electronic evidence collection process.This paper introduces the basic theories in collection of electronic evidence,elaborates the conflict between criminal electronic evidence collection process and the legitimate rights of citizens and the reasons of the conflict,and then compares the relevant system in foreign countries and regions,such as the writ system and electronic communication monitoring system,puts forward some suggestions about the construction of the electronic evidence collecting regime in the perspective ofrights protection from four aspects,electronic evidence collection subject,principle,measures and remedy system,hopes to balance the collection measures and the legal rights of citizens through this regime.