Legality review of criminal electronic data and its legal regulation
Currently in China,the legality review of criminal electronic data mainly follows a logic centered on the authenticity assessment.This approach places a strong emphasis on the probative value of electronic data,but fails to take into account the procedural justice and human rights protection.In the transition from the traditional era to the digital age,the legality review of criminal electronic data must be modified by shifting its focus towards effectiveness,comprehensive review,and value-based reasoning.The legality review of electronic data should consider both positive and negative elements at two levels.The positive level involves the normative review in accordance with evidence law,while the negative level assesses values such as procedural justice and human rights protection.Although the lack of positive elements may not necessarily result in the exclusion of the electronic data,the absence of negative elements will lead to the exclusion of the illegally obtained electronic data.Consequently,the exculsion of the illegally obtained electronic data becomes a logical output of the comprehensive legality review.To improve the exclusionary rules for illegally obtained electronic data,we need to strengthen the values of due process and human rights protection,establish standards for mandatory exclusion and discretionary exclusion,and develop procedural frameworks to guarantee the application of the exclusionary rules for illegally obtained electronic data.
Electronic dataLegality reviewPositive elementsNegative elementsExclusionary rules for illegally obtained electronic data