Research On The Legitimacy Of Electronic Data Forensics Subjects In Criminal Proceedings

Electronic evidence,as a new type of evidence,has a high technical requirements which puts forward higher requirements for the technical qualification of the subject of evidence collection.In practice,however,most investigators do not have the technical knowledge of electronic evidence collection,and they often need to rely on relevant technical personnel other than investigative authorities to collect electronic evidence.Therefore,it does not meet the requirements of the legality of the subject of evidence on the legality of the evidentiary authority and the legality of technical qualification.The lack of access to evidence may infringe upon the legitimate rights of the subject under investigation,and the lack of technical qualifications may impair the authenticity of electronic evidence.In addition,the evidence authority and technical qualification of the subject of forensics will also have different effects on the evidentiary ability of electronic evidence.Therefore,it is necessary to establish a scientific system of the subject of electronic evidence forensics in order to prevent a series of harms caused by the illegal subject of forensics.The structure of this article as follows,Chapter one mainly discusses the legal dilemma of defining the legality of electronic evidence forensics subject in criminal procedure in China.This part mainly enumerates the provisions on electronic evidence forensics in the Regulations on Electronic Data issued by the ministry of public security in 2016 and the Regulations on Electronic Data Forensics issued by the ministry of public security in 2019,and points out the shortcomings of the subject of electronic evidence forensics in the legal provisions.Chapter two discusses the practical problems of the legitimacy determination of the subject of electronic evidence forensics in China’s criminal procedure.In this part,the author uses the case analysis to analyze the subject of electronic evidence forensics under the different forensics procedure and forensics mode,and reveal the present situation of the subject of forensics in practice to point out the contradiction between the legal provisions and the realistic needs.Next,considering that the legality of the subject of forensics will affect the evidentiary ability.Chapter three mainly discusses the relationship between the illegality of the subject of evidence and the rule of exclusion of illegal evidence.In the same way,the influence on the evidence ability is analyzed in the case of illegal access and illegal qualification.Chapter four is about the suggestions on the legality of electronic evidence forensics subject in criminal procedure in China.The basic idea is to expand the scope of the subject of forensics while improving the forensics technology,and to ensure the legitimacy of the subject of evidence also solve the dilemma of judicial practice.Through the research on the legitimacy of electronic data forensics subject,this paper attempts to standardize the system of electronic data forensics subject,and contribute to the study of electronic evidence in criminal proceedings.