An empirical research on the rules of excluding illegally obtained electronic data and the pathway to improvement
In the realm of law,the Criminal Procedure Law currently doesn't explicitly regulate the exclusion of illegally obtained electronic data.And thus such exclusion is relied on the exclusionary rule applied to physical evidence.Empirical analysis of judicial decisions indicates that very few courts sustain defense's objection against the admissibility of electronic data based on the illegality,and consequently exclude such data.However,in general,illegally obtained electronic data is largely"not excluded".In practice,there are two tendencies in the inspection of electronic data:one is that the inspection on authenticity is prioritized over the inspection on legality,and the other is that the inspection of electronic data refers to that of physical evidence.With the advent of the digital age,in which the electronic data is widely used,it is definitly necessary to establish special rules to exclude illegally obtained electronic data.To rectify problems in judicial practice,future modification of Criminal Procedure Law should emphasize incorporating electronic data within the scope of exclusionary rule.The methodologies for gathering electronic evidence should be standardized in order to promote the systemization of the investigative measures.The rules of excluding illegally obtained electronic data can ultimately be improved by categorizing electronic data and developing diversified rules of exclusion.
Electronic dataIllegally obtained evidenceExclusionary ruleEmpirical researchModification of the criminal procedure law
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