Reflections on law enforcement's request for evidence and the reconstruction
In criminal proceedings,public security organs can request case-related evidence and materials from the third party.Law enforcement's request for evidence,as a common method used in the law enforcement's evidence gathering,faces dilemmas in practice,such as poor exercise of the evidence request power,the imbalance between the third party's rights and obligations,and inconsistent standards of evidence admissibility.However,ensuring the legitimacy of the public security organs'request for evidence is of great significance to standardize public security organs'behaviors in evidence collection and to ensure the admissibility of the collected evidence.Therefore,the nature of public security organs'request should be clarified,and taking public security organs'requests as an independent characteristic of the non-compulsory investigation should be affirmed.Regulations for law enforcement's evidence request should be set in two dimensions:improving procedural rules and constructing supporting measures.In addition,in order to achieve the goal of standardizing evidence collection in criminal investigations,obstacles stemming from multiple obligations for evidence request should be alleviated,the examination and admissibility standards and the exclusion rules for evidence request should be clarified,and the guidelines for evidence collection in criminal investigations and the procuratorial supervision should also be used.
Request for evidenceRequest for electronic dataEvidence examinationObligations of network information providersEvidence collection in criminal investigation
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