On The Perfection Of The Electronic Evidence Review System In Criminal Proceedings

With the continuous development of Internet information technology,electronic data appears in human vision and records people’s every move,which has brought a positive impact on human production and life.At the same time,a large number of electronic evidence appears in the field of criminal procedure law.As a new type of evidence,it plays an irreplaceable role in proving a case.With the continuous increase of electronic evidence cases year by year,China has issued a series of legal provisions related to electronic evidence.The new Criminal Procedure Law Interpretation in 2021 further refined the electronic evidence review rules in the Criminal Electronic Data Regulations,reflecting the law’s concern for electronic evidence.However,in the criminal procedure law of our country,the relevant provisions of electronic evidence,especially the review provisions are still scattered,the whole is not systematic.Due to the limited technical level of judicial personnel and the vulnerability of electronic evidence itself,many problems have not been solved in the review of electronic evidence in judicial practice.Therefore,in order to solve the dilemma of electronic evidence examination in criminal proceedings,we must analyze the actual situation of our country and explore its way out.Using comparative analysis method and literature research method,this paper divides the research of electronic evidence review system into five parts to discuss.The first part asks questions.Through the analysis of the classic case related to electronic evidence--Kuaibo case,through the analysis of the data,it shows that the electronic evidence is currently used in a large number of criminal proceedings,points out the various problems existing in the current electronic evidence in criminal proceedings,and leads to the topic;The second part is an overview of electronic evidence review,which explains the electronic evidence in criminal proceedings from the basic content,importance,and the current legislative situation of our country,and leads to the following problems caused by lack of legislation.The third part is the dilemma in the practice of electronic evidence review in our country.It analyzes the problems existing in the criminal proceedings from different perspectives,such as legislation,evidence collection procedure,evidence collection personnel,examiners.The fourth part,through the analysis of the electronic evidence review rules of the civil law system and the common law system,summarizes the foreign advanced experience of the electronic evidence legislation,the electronic evidence certification rules and the proof force of the electronic evidence that our country can refer to.The fifth part is the suggestion of perfecting our electronic evidence examination.In combination with the problems in the review of electronic evidence in the third part and the experience that can be used for reference outside the region,this paper puts forward some suggestions to improve the review system of electronic evidence,including updating the legislation of electronic evidence,improving the system of electronic data forensics,improving the authentication of electronic evidence and building the protection of the rights and interests of the subject.