New Developments in Criminal Electronic Evidence Collection:A Review of the"Regulations on Electronic Data Collection in Criminal Cases by Public Security Organs"
The collection of criminal electronic data has evolved from non-existence to gradual improve-ment.The newly amended"Criminal Procedure Law of the People's Republic of China","Provisions on Several Issues Concerning the Collection and Examination of Electronic Data in Handling Criminal Cases",and the"Regulations on Electronic Data Collection in Criminal Cases by Public Security Organs"represent a new devel-opment stage in electronic data collection.These legal documents establish basic concepts and detailed proce-dures as well as an initial framework for electronic data collection.However,they do not clearly define the re-lationships between evidence collection and investigation,electronic data carriers and electronic data,or do-mestic and international evidence collection,making it difficult to balance crime punishment and human rights protection.Future legislation should incorporate electronic data collection into the scope of investigative actions and develop dual rules for search and seizure based on distinctions between data carriers and electronic data.Additionally,it should emphasize the technical skills of collecting entities,clarify the scope of collection,de-tail procedures,and coordinate domestic and international data collection to further improve the system.
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万方数据
