The further revision of the Criminal Procedure Law has been included in the legislative plan of the National People's Congress,which is a further revision of the Criminal Procedure Law in the context of the rapid development of the digital economy and information network society.Incorporating the legalization and systematization of electronic evidence investigation and collection measures into this revision of the Criminal Procedure Law is not only a necessary requirement for effectively combating and governing crimes in the era of information networks,but also an important way to respect and protect human rights in criminal proceedings in the digital economy era.It is also conducive to achieving effective connection between the Criminal Procedure Law,the Data Security Law,the Personal Information Protection Law,and other relevant legal systems.The legalization and systematization of electronic evidence investigation and collection measures need to be based on the theoretical basis of data rights protection,data classification and grading,and data lifecycle.We need to respond to the demand for rights protection in electronic evidence investigation and collection,and improve and perfect traditional investigation measures such as search and seizure;Incorporate emerging investigative measures such as network remote investigation and electronic evidence freezing that have emerged in judicial practice into the Criminal Procedure Law.Add data preservation orders and emerging investigation and collection measures such as data automation comparison;Set up different types of investigation and collection measures based on the differences in the basic rights in electronic evidence.Incorporate electronic evidence into the scope of application of the exclusionary rule for illegal evidence,thereby achieving procedural sanctions against investigative agencies for illegal collection of electronic evidence.
rule of lawelectronic evidenceinvestigation measuresdata classification and gradingdata lifecyclefurther revision amendment to the criminal procedure law
万方数据
维普
