Research On The Review And Judgment Of Electronic Data In Criminal Proceedings

With the continuous strengthening of electronic technology and our life,it has an important impact on our daily life.Related to this,electronic data in the judicial practice of the number of times also appear to increase the form.In case of criminal cases,the relevant electronic data evidence will inevitably enter the proceedings and become the material of the facts to be proved,at this time,it will produce a series of problems such as collecting and judging the evidence.For the judge,neither the witness nor the boundary of time and space can directly perceive the events in the past,only by reviewing the existing materials,indirectly reducing the cases and making judgments on the facts of the case.According to the development of the times,although our country from the legislative level on the relevant issues of electronic data,but compared with other traditional types of evidence,electronic data has its own particularity,the examination of electronic data evidence should be on the basis of its particularity to make more detailed provisions.This article mainly includes the introduction and the four chapters main content.The first chapter is mainly about the basic content of electronic data,including its connotation and its characteristics.Based on this,the paper locates the status of electronic data in the law of our country,and points out the shortcomings of existing electronic data definition.Chapter two deals with the content of the examination standard of the electronic data evidence ability and the proof force,which lays the theoretical foundation for the analysis of the practical level below.The third chapter is mainly from the angle of data statistics and actual cases,the legal provisions in the judicial practice are not fine,the nature of the electronic data positioning is not allowed,the judicial staff of the technical aspects of the lack of knowledge,the reasoning part of the judgment documents are not sufficient,the identification procedures and standards are not perfect problems to summarize and comb.The fourth chapter is about the improvement of the electronic data examination and judgment,based on the legislative analysis of the overseas electronic data,the author puts forward some suggestions on perfecting the rules of electronic data examination and judgment,constructing the pluralistic electronic data examining and judging system and adding the evidence preservation system.A wide range of ancillary systems include forensic expertise,assisted persons with expertise,technical training,and court investigation and verification assistance.