The"Overflow"and"Return"of Criminal Electronic Data Regulation in the Digital Era——Centering on Chinese Legislation
In the digital era,the number of criminal electronic data regulations in China is increasing,and the content is becoming more complex.In this process,the legislation is faced with the problem of elec-tronic data regulation systematization,and one of the important issues is how to deal with the relationship between electronic data regulation and traditional rules of evidence.The technicality,openness,trans-nationality,aggregation and other characteristics of criminal electronic data make part of the issues"over-flow"the traditional rules of evidence.This trend continues to increase in the legislation and practice.However,used as evidence,the electronic data should be in line with the basic requirements of the crimi-nal evidence.The criminal electronic data should"return"to the basic framework of the traditional rules of evidence in such aspects as the type of evidence,exclusionary rule,evidence evaluation rule,in order to promote the realization of the pluralistic value of the evidence law.
万方数据
