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

With the development of network technology,electronic data has become the ‘king of evidence’ in the new era,and plays a vital role in criminal proceedings.Criminal preliminary investigation stage is the earliest collection of electronic data procedures,has not really entered the criminal procedure,its legal nature is not clear,and with the development of information technology derived from new electronic data forensics,and new forensics has not yet a detailed legal regulation,resulting in the criminal preliminary investigation stage of electronic data collection process exists in violation of the rights of the investigated,electronic data without legality review and many other drawbacks.This paper analyzes the problems of electronic data collection in the process of criminal preliminary investigation in judicial practice,and makes targeted comments on improving the legal regulation of electronic data collection in the preliminary investigation stage in China based on the successful experience of foreign electronic data collection system combined with the unique situation of the preliminary investigation stage in China.In addition to the introductory part of this paper,the legal regulation of electronic data collection in the preliminary investigation stage of criminal investigation is mainly elaborated from five aspects.In the first part,through the analysis of the conceptual characteristics of electronic data,the forensic behavior of the collection of electronic data in the criminal preliminary investigation stage and the characteristics of the forensic behavior,the correct understanding of the connotation of criminal preliminary investigation,electronic data and other related concepts is conducive to the analysis of the problems that exist in the criminal preliminary investigation stage.In the second part,the legal nature of electronic data forensic behavior in the preliminary criminal investigation stage is defined.Through the analysis of the current operation of the preliminary investigation stage,the legal nature of the preliminary investigation behavior is clarified and should be included in the administrative law enforcement behavior.In the third part,it specifies the main problems in the process of electronic data collection in the criminal preliminary investigation stage,electronic data forensic acts disguised as a substitute for investigative acts,infringement of the basic rights of the investigated person,no legality review of the collected electronic data,and lack of effective supervision of the entire criminal preliminary investigation electronic data collection.The fourth part,the electronic data collection system of foreign countries to compare and learn from their successful experience.Although most countries do not have criminal preliminary investigation procedures,but the provisions of electronic data collection is richer,can learn from its successful experience,for China’s criminal preliminary investigation stage of electronic data collection procedures to improve the direction.In the fifth part,on the basis of analyzing the problems existing in the process of electronic data collection in China’s criminal preliminary investigation stage,certain suggestions are made to improve the legal regulation of electronic data collection in the criminal preliminary investigation stage.