Research On The Application Of Electronic Data In Criminal Justice

With the development of "Internet +" and electronic technology,the lives of people have been constantly improved and the more convenience they get.A variety of new things related to electronic data such as digital currency and mobile payment have gradually emerged.But things often have two sides: while bringing convenience and quality improvement,it also provides more ways for criminals to commit crimes.Telecom fraud,Internet loan fraud and other phenomena emerge in an endless stream,which leads to electronic data evidence playing a growingly significant role in the process of sentencing criminals.The original rules of evidence and types of evidence have no way to meet the requirements of electronic data in criminal justice trials.The legalization of electronic data began in2012 when the National People’s Congress included electronic data as legal evidence in an amendment.Thus electronic data also has legal "evidentiary identity".With the continuous development of science and technology,the form of evidence and the manner in which it is collected have changed,also promotes the improvement of existing laws and regulations,and thus higher requirements are put forward for the theory and application of criminal procedure rules.but also force the national legislature to adjust and modify the evidence rules in criminal procedure.Electronic data is seen as a new kind of evidence,the relevant issues of its criminal justice application have attracted much attention from the theoretical and practical circles.With the further discussions and research among legislators,judges and scholars,the application of this new type of evidence in practice is gradually exposed."Internet +" and in-depth application block chain technology,the requirements for electronic data in the judicial practice also gradually improve,but the academic study of the theory of the new type of evidence is still in the stage,cause the theory behind the practice.Meanwhile,the national legislative department has not issued relevant supporting judicial interpretations or special legal provisions,which has led to problems in the application of criminal justice in terms of electronic data forensics,probative power,identification and presentation systems,and illegal evidence exclusion rules.There are often such problems in judicial trials: due to the technicality of electronic data,the judges can not make accurate judgment on it in court,and at the same time,when extracting and saving electronic data,it will violate the personal rights of citizens to a large extent.How to balance the above problems and give full play to the unique role of electronic data in the trial of cases requires in-depth study now.Drawing on the provisions of the civil law system and the common law system in the criminal justice application of electronic data,there are detailed rules and applicable precedents in the relevant legislatures or judicial precedents to guide the application.In order to improve the fault problems existing in my country’s electronic data in theory and practice,it can be combined with the connotation and characteristics of electronic data for analysis,analyze the characteristics of electronic data and the weak probative power of some electronic data when used as evidence,analyze the qualifications of electronic data forensics subjects and the irregularity of forensic procedures,the presentation and identification of electronic data,and the imperfect rules for excluding illegal evidence,targeted improvement measures are proposed.For example,establishing operational standards for judging the authenticity of electronic evidence,updating methods and improving subjects of electronic data forensics,perfecting the rules for presenting and identifying electronic data,and constructing rules for eliminating illegal electronic data.