Research on the Electronic Data Collection Procedure in the Criminal Preliminary Investigation Stage from the Perspective of Power Control
The criminal preliminary investigation is manifested as"preliminary investigation in-vestigation oriented"in its operation,presenting a mandatory color similar to the power of investiga-tion,but it has not yet been included in the regulation of the Criminal Procedure Law.The"prelimi-nary investigation investigation oriented"mainly shows in the electronic data collection procedures in the preliminary investigation stage,which is manifested in the mandatory use of electronic data evi-dence collection methods,frequent use of big data investigation in the preliminary investigation stage,insufficient review of the legality of electronic evidence in the preliminary investigation stage,and in-complete regulations on electronic data collection procedures in the preliminary investigation stage.In order to ensure the smooth operation of the preliminary investigation power and achieve power control in the electronic data collection procedure during the preliminary investigation stage,it is necessary to standardize the electronic data collection procedure based on basic rights,optimize the filing standards of criminal proceedings,strengthen the legality review of electronic evidence during the preliminary investigation stage,and improve the relevant legal provisions of the preliminary investigation.
criminal preliminary investigationelectronic data collectionfiling standardspower controlrights protection
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