Research On The Use Of Criminal Electronic Data Evidence

Criminal electronic data evidence refers to evidence that is formed through electronic information technology in criminal cases and exists in the form of data.It needs to be stored and displayed with the help of external media or carriers.It can be used to prove the facts of the case but does not include the digital form.The existence of verbal evidence such as electronic witness testimony,electronic victim statement and so on.Criminal electronic data evidence has characteristics such as intangibility,diverse forms,fragility,and recover-ability.The legality,relevance and authenticity of criminal electronic data evidence are the main considerations in its use.The overall use of electronic data evidence in criminal proceedings in my country is increasing year by year.Based on the high frequency of electronic data evidence in the crime of making,selling and disseminating obscene materials,the collection of this crime case provides an empirical analysis of the current status of criminal electronic data evidence.In the practice of criminal proceedings,there are more prominent problems in the use of electronic data evidence in the process of obtaining evidence,identifying,producing evidence and excluding illegal evidence.In the process of electronic data collection,the protection of citizens’ information rights and property rights is neglected,and there is a lack of uniform standards for evidence collection subjects and evidence collection standards.The regulations on the obligation of network service providers to assist in the collection of evidence are not clear and specific,and it is difficult to preserve electronic data evidence.The criminal electronic data evidence identification system is not perfect,there are no specific and unified identification technical standard and identification equipment standard,the investigative agency self-investigation and self-assessment,and the examiners lack the ability to examine the identification opinions.In practice,the production of criminal electronic data evidence is mostly carried out by means of conversion into written materials,transcripts,CD-RAMs,etc.It is difficult to ensure the completeness and accuracy of electronic data evidence,and it also creates difficulties for cross-examination.Electronic data also has difficulties in the application of illegal evidence exclusion rules.The experience of the United States and the European Union in obtaining evidence on criminal electronic data evidence and relevant legislative provisions can provide us with reference.China should strengthen the protection of citizens’ data and privacy in the process of collecting criminal electronic data evidence.At the same time,with the development of information extraction technology,we should not rely too much on the seizure of original storage media,so as to avoid infringement on the property rights of citizens and legal persons.It also refines the system of electronic data evidence collection subjects,evidence collection standards,network service providers’ assistance in collecting evidence,and evidence preservation.Strengthen the review of electronic data identification opinions through the establishment of a unified identification standard system,strict management of identification institutions,and improvement of the expert assistant system.Regarding the problems of producing electronic data evidence,China must solve them through legislation and regulations and improvement of technical means.The scope of illegal evidence exclusion for criminal electronic data evidence and the supplementary and reasonable interpretation of flawed evidence should also be clearly stipulated.