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Legal Regulation Of Electronic Data Collection In The Criminal Preliminary Investigation Stage

Posted on:2022-07-10Degree:MasterType:Thesis
Country:ChinaCandidate:C G ShiFull Text:PDF
GTID:2516306320990879Subject:Law
Abstract/Summary:PDF Full Text Request
The electronic data collected during the initial criminal investigation has played an important role in the detection of cyber crimes.However,my country’s current laws and regulations neglect to regulate the collection of electronic data during the initial criminal investigation,and there is a situation of "unable to rely on".In judicial practice,investigating agencies often confuse the initial investigation with the investigation stage,which may lead to electronic data collection.The illegal collection of data produces illegal electronic data and defective electronic data,which ultimately leads to the infringement of the basic rights of criminal suspects and affects judicial justice.Therefore,it is necessary to regulate the collection of electronic data during the initial criminal investigation.Based on the basic concepts and characteristics of electronic data,the basic rights involved in electronic data should be classified and corresponding investigation measures should be designed to improve the initial criminal investigation.The legal and technical regulations related to the electronic data collection process at the stage,avoid the generation of illegal electronic data and defective electronic data,protect the evidence ability of electronic data,and give play to the evidence role of electronic data.
Keywords/Search Tags:Criminal Preliminary Investigation, Electronic Data, Evidence Ability
PDF Full Text Request
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