Research On The Application Of Electronic Data In Criminal Trial

In the 21 st century,we have ushered in the era of digital economy and big data.The continuous innovation of science and technology and information technology has promoted the continuous progress of network technology and computer technology.In this context,in 2012,when China amended the criminal procedure law,electronic data was added as a kind of legal evidence.Electronic data has gradually become the main basis of sentencing trials in a variety of criminal cases,and is the "king of evidence".As a new type of evidence,the related issues of electronic data have aroused widespread concern in the theoretical and practical circles.While scholars continue to discuss in-depth,its application in practice has gradually exposed many shortcomings.Due to the lack of systematic and comprehensive theoretical research on electronic data,a new type of evidence,there are often some practical problems in the process of criminal justice,such as electronic data is difficult to be effectively used,identification standards are not unified,evidence collection procedures are not standardized,and personal rights are easily violated.The importance of electronic data in criminal justice is becoming increasingly prominent.How to examine and identify electronic data in the process of case trial,give play to the value of evidence,and realize the balance between accurate trial and protection of citizens’ legitimate rights and interests is worth further discussion.Therefore,based on the analysis and research of three typical cases,combined with the relevant cases of the use of electronic data in the criminal trial stage in China’s online judicial documents and the current situation of the application of electronic data in China’s criminal justice,this paper puts forward some specific and feasible solutions to the main problems,so as to realize the assistance of the use of electronic data.The main content of this paper is divided into three chapters:The first chapter,starting from three typical cases of China judicial document network,summarizes the problems existing in the case,and finds out the shortcomings existing in the current application of electronic data in criminal cases.That is,the relevant content of electronic data applying to the exclusionary rule of illegal evidence is not clear,how to examine and identify the authenticity of electronic data and the judicial expertise of electronic data.Through the elaboration and explanation of the related problems,it paves the way for the following.The second chapter is to analyze the problems found in typical cases one by one.According to the basic theory of the exclusionary rule of illegal evidence and the investigation of the relevant provisions of foreign laws,this paper demonstrates the legitimacy and necessity of the application of electronic data to the exclusionary rule of illegal evidence;This paper compares the theories related to the authenticity of electronic data,and explains the rules and significance of examining and identifying the application of electronic data;This paper discusses the general content of electronic data judicial expertise and its status in different legal system countries,and analyzes its important value in criminal cases,especially the significance of ensuring the authenticity of electronic data.Through the legal analysis of different issues,combined with the provisions of relevant laws and regulations and judicial interpretation,this paper gives strong support to the following suggestions.The third chapter,mainly from the perspective of research conclusions and suggestions,in view of the above problems summarized in this paper,combined with the legal analysis of the relevant issues,puts forward the author’s views and gives suggestions.On the issue of exclusionary rule of illegal evidence applied to electronic data,it is proposed that the exclusionary rule of illegal electronic data should be clarified.On the issue of the problems existing in the electronic data authenticity review,this paper puts forward the importance of improving the electronic data review and identification system.On the issue of judicial expertise of electronic data,we should further clarify the judicial expertise system of electronic data in criminal proceedings.In view of the different problems,this paper puts forward corresponding solutions to improve the application of electronic data evidence in the process of criminal trial.