Research On The Problems In The Application Of Rules For Obtaining Evidence Of Electronic Data In Handing Criminal Cases By Public Security Organs

With the development of modern information technology,human production and life has taken place great changes.Especially the generation and popularization of the Internet makes electronic data penetrates into our life.In the meantime,the reform of evidence systems is carried out in the field of justice.Although,the traditional rules of evidence have been increasingly improved after the long development,it is difficult for they to deal with specific cases in such a informational age.For example,in the crimes of Internet financial,Internet property and international terrorism,criminals use high-tech means to curry out their criminal activities.And in those cases,it is hard for investigators to find the breach through traditional kinds of evidence,which brings seamy effect to the order of society and the property of citizens.For the reason of that,a new type of evidence—— electronic data emerges.However,there are great differences between electronic data and traditional kinds of evidence,making it difficult for the traditional evidence obtaining rules to apply to electronic data.In 2019,the ministry of public security issued Rules for Obtaining Evidence of Electronic Data in Handing Criminal Cases by Public Security Organs(hereinafter referred to as the Rules),which began to try to regulate the use of electronic data in the judicial work of public security.Whereas,with a short history of practicing electronic data in criminal justice,our country is on the preliminary stage of using electronic data and plenty of problems arise in the enforcement of related rules.Therefore,it is necessary to research thoroughly on the application of the Rules.In addition to the introduction and conclusion,this paper consists of five parts.The first part is the overview of criminal electronic data forensics,mainly expounds the concept of electronic data,the evidence ability and proving force of electronic data,and main contents of criminal electronic data forensics.The second part is the evaluation and analysis of the Rules which summarizes the new and embryonic period,initial development period and rapid growth period of China’s electronic data forensics rules,and on this basis analyzes the positive significance of the Rules in unifying relevant legal norms,improving the efficiency of forensics,and conforming to international rules.And the third part is the problems of the Rules and its application,mainly expounds the inherent defects in the formulation of the Rules,such as the system of witnesses,standards of evidence collection,cross-border evidence collection mechanism,etc.,which need to be improved.Meanwhile,the law enforcement environment of the Rules also brings various challenges to its applications.The fourth part is the analysis of the main reasons,mainly expounds the five main reasons for the application problems of the Rules.And the fifth part is the suggestion of standardizing the electronic data forensics of criminal cases in our country which mainly discusses the two development directions of that.This paper puts forward that the countermeasures of standardizing electronic data forensics in criminal cases in our country should be from two aspects: to accelerate the building of the legal system of electronic data forensics and speed up the construction of law enforcement environment at the same time.Besides,it is necessary to build a rule system of electronic data forensics from the prior stage,the course stage and the post stage,to further control the occurrence of infringement forensics and strengthen the privacy protection of electronic data forensics right holders.In addition,on the basis of following the International Criminal Judicial Assistance Law of PRC,we should build multiple forensics mechanisms and solve the problem of cross-border forensics of electronic data.Last but not least,through technological innovation,to establishment a comprehensive system of electronic data forensics is a way to improve the application of the Rules.