Research On The Procedures Of Suspension Of Electronic Evidence

In 2016,the Supreme People's court,the Supreme People's Procuratorate and the th ree Department of the Ministry of Public Security jointly promulgated the provisions on the collection and review of criminal cases for the collection and review of electronic d ata and the implementation of the provisions in October 1,2016.In this regulation,the d ummies specifically specified the freezing of electronic data for the first time.With the d evelopment of the Internet,the content of electronic data is becoming more and more ab undant,such as the expression and environment of electronic data.Under these new circ umstances,how to collect,extract and preserve the electronic data in different situations increases the difficulty of the investigation organ.The emergence of electronic data free zing has made the way in which electronic data are collected by investigative authorities selective.Although this new public power is given to the investigative organs,although it can be beneficial to the fight against crime,the possibility of infringement of citizens' privacy,property and other legitimate rights and interests still exists in the process of el ectronic data freezing.Freezing electronic data is different from freezing property.The procedure of freez ing property in the former Criminal procedure Law is obviously not applicable to electr onic data.Therefore,it is very important to establish the standard of freezing procedure for criminal electronic data in our country.This simultaneously meets the need for electr onic data forensics and the protection of human rights.Specifically,this paper is divided into four parts.The first part defines the concept of electronic data freezing and introduc es the current regulations and existing problems of electronic data freezing procedure in China.The second part analyzes the problems existing in the electronic data freeze initia tion process,including the necessity of starting,the starting situation and the approval o f the main body.The third part discusses the problems in the implementation of electroni c data freeze execution procedures,including the requirements of the executive personn el,the implementation phase,the method of freezing,and the freeze transcript and freez e period.The fourth part improved the remedies for illegal freezing of electronic data an d put forward suggestions on aspects such as the establishment of confidentiality obligat ions,protection of the right to information,the application of rules for the exclusion of i llegal evidence,etc,in order to regulate the process of electronic data freezing.Acts provide effective mechanisms for the protection of citizens' privacy and other legitimate righ ts and interests and the powers of the investigative authorities.