A Research On The Collection Of Electronic Data In Criminal Proceedings

In the Criminal Procedure Law of the People’s Republic of China,revised in 2013,electronic data is clearly defined as a new type of evidence,which enriches the type of statutory evidence.However,the increase of evidence type alone can not adapt to the improvement of electronic data collection rules in judicial practice,and the relevant evidence collection procedures and illegal evidence exclusion rules need to be updated.First of all,this paper analyzes the problems in the process of electronic data collection in criminal proceedings,mainly concentrated in the following two aspects:should not blindly take the electronic data carrier together with the collection,together with the collection of carriers after the lack of illegal situation exclusion and relief.At the same time,the comparative analysis method and case analysis method are used,and some foreign legislation and application rules related to electronic data collection are used,and the relevant laws and regulations of our country are compared and analyzed.In addition,it analyzes how to collect together,and should limit the reasons for collecting carriers together,lists the exclusion of evidence caused by the collection of carrier violations,and analyzes how to supervise and remedy the behavior of collecting carriers together,and puts forward corresponding suggestions for perfecting these problems.The author hopes that by means of judicial cases,legal theories and existing effective laws and regulations and other relevant materials at home and abroad,we can analyze and summarize the existing problems in the electronic data collection system in criminal proceedings in Our country,and put forward concrete suggestions for solving them,so as to contribute to the development of our country’s criminal evidence theory.