Research On Rules Concerning The Evidence Ability Of Electronic Data In Criminal Procedure

The judicial certification activity is essentially a process of understanding the facts of the case.The starting point is all kinds of evidence materials,and the end point is the fact of the case.The value of the evidence system lies in how to improve the process.China's evidence system and theoretical research have always paid attention to the problem of "evidence attribute".However,the excavation of "evidence" from epistemology has limited meaning,it is only necessary to set up the conditions and qualifications in the process of converting evidence into a “base to the case”.Therefore,it is necessary to examine the shortcomings of the current evidence system on the qualification of evidence from the perspective of the evidence ability rule of a single evidence,and improve the current evidence legislation and judicial practice.The evidence exclusionary rules stem from the normative type of the Anglo-American legal system.With the special practical needs in the process of using electronic data,it has appeared in China's legislative and judicial interpretations.However,it should be noted that they have not yet formed a complete system,and the exclusion rules have many different problems,such as unclear nature,out of order application,and lack of content.Based on the above,this research focuses on the central proposition of the“criminal ability rules of criminal electronic data”,which is divided into six parts:The introductory part focuses on the general review of the research background,and problems to be solved,and proposes a comprehensive approach to the comprehensive application of legal research methods to study the rules of electronic data evidence.The first chapter is the introduction of the rules of criminal evidence ability.This chapter is divided into three parts.The first section proposes three modes of evidence ability rules.The second and third sections respectively analyze the relationships between evidence ability and the admissibility and evidence attributes.The second chapter is the practical investigation of the rules of electronic data evidence ability in China.This chapter is divided into three sections: The first section combs the four main types of evidence capability rules in the field of electronic data in China's current legislation;the second section is based on the emergence of a large number of instant messaging electronic data in practice,with two sets of cases as reference.The third section focuses on the analysis and reflection of the problems in the above legislation and judicial practice.The third chapter reshapes the ontology of electronic data.This chapter is divided into three sections: The first section combs the inheritance of the concept of electronic data in China's legislation.The second section and the third section analyze the technical characteristics and the new features of electronic data evidence.The fourth chapter is about the necessity and feasibility of perfecting the rules concerning the evidence ability of electronic data in criminal procedure in China.This chapter is divided into two sections: the necessity and feasibility conditions for perfecting the rules of electronic data evidence in China are discussed in detail.The fifth chapter is the analysis of the strategy of localization and perfection of electronic data evidence ability rules.This chapter is divided into two sections: the first section gives the holistic evaluation of the evidence ability rule;the second section gives the response to overcome the current problems.