| In the information age,smart phones are not only indispensable personal belongings,but also widely used in criminal cases because of their convenient communication and network connectivity.Various cases emerge in endlessly,which have a profound impact on social order and individual rights and interests.In order to control crime and maintain social stability,searching the smart phone electronic data of the people involved has become a routine investigation measure.Therefore,improving the search procedure,clarifying the search content and defining the scope of rights have become the important contents of balancing the legitimate rights and interests of citizens and state power,which is worthy of in-depth analysis and demonstration.The first part clarifies the connotation of smart phone electronic data.Firstly,the concept and classification of smart phone electronic data are clarified,and the differences between smart phone electronic data and general search are demonstrated.Secondly,it defines the characteristics of smart phone electronic data,and points out its media duality,process continuity,content privacy and universality.Finally,compared with administrative inspection,it demonstrates that the specific nature of search is criminal investigation measures.The second part analyzes the legal regulation of smart phone electronic data search in China.First of all,it introduces the evolution of the relevant laws,and makes a brief summary of its content.Then it analyzes the achievements and defects of the current legal norms in detail.On this basis,combined with practice,this paper focuses on the defects caused by the imperfection of the system itself,and sums up three problems: the lax starting conditions,the unclear search scope,and the imperfect relief ways,which reflect the shortcomings of ignoring the protection of human rights,and the deviant search behavior.The third part is to investigate the search system of smart phone electronic data,mainly from three aspects of search principles,starting conditions and relief system.Comprehensive analysis of the United States,Germany,Britain and other countries specific procedural rules,power control means and legal relief system.The fourth part is to put forward suggestions to improve the electronic data search procedures of smart phones in China.Based on the experience of other countries,this paper establishes the basic principles of legal regulation,and sums up the starting conditions,search scope and relief system with the quasi judicial review system and proportion principle as the core,so as to promote the legalization and standardization of search procedure in China. |
