The Threefold Challenge and Transformation of Criminal Evidence Theory in the Digital Era
The theory of criminal evidence in the digital era confronts triple challenges at the levels of theoretical value,coher-ence,and systemicity.It is imperative to steer both legislative and judicial practices through prudent introspection,guided by the"holistic approach"and"open-ended legislation",to facilitate systematic reform.At the level of theoretical value,criminal evi-dence systems should transform the institutional objectives of prioritizing entity justice in the past,and effectively implement hu-man rights protection in the digital era with the concept of prioritizing procedural justice,improve the quality and efficiency of handling new type cases,and achieve the goal of crime governance in the digital era.At the level of theoretical coherence,in or-der to adapt to the crime forms and evidence review methods in the digital era,it is necessary to promote the theoretical evolution from"comprehensive identification"to"holism",and reflect the proof thinking from"atomic evidence"to"holistic cognition",shaping the"holistic theory".At the level of theoretical systemicity,taking the fourth amendment of the Criminal Procedure Law as an opportunity,we should reshape the evidence rule system with an open legislative model,ensure the open coordination of de-partmental legislation and field legislation,promote the open application of empirical rules and logical rules,reserving an open space of legal dogmatics for legal reconstruction and loophole filling,and driving"open-ended legislation".
digital eraevidence theorycybercrimecomprehensive identificationrevision of criminal procedure law
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