Abstract

Keywords

۱٫ Introduction

۲٫ Legal history of electronic data in criminal cases in China

۳٫ Current regulations of electronic data in criminal cases in China

۴٫ Evaluation of China’s current regulations on electronic data

۵٫ Prospects

Acknowledgments

Abstract

As the core evidence in the Internet era, electronic data has been readily incorporated into criminal proceedings. In China, it was not until the Criminal Procedure Law was amended in 2012 that electronic data was classified as an independent type of evidence. Apart from the Criminal Procedure Law, there are three main regulations pertaining to the use of electronic data. Even though great endeavors have been made by Chinese authorities to integrate novel technologies into electronic data and the basic framework for the regulations of electronic data has been formed, there are still some lingering weaknesses in the current regulations: vulnerable rights of criminal suspects, the absence of the special investigation department, unclear provisions in relevant regulations, and improper remedy mechanisms. To further develop the rules of electronic data, China is supposed to place emphasis on the idea of rights protection and the interaction between new technologies and evidence theory.

۱٫ Introduction
As the cutting-edge information technology has evolved in leaps and bounds, the Internet has become the motor of innovation-driven development.1 In the Internet era, people’s lives have undergone dramatic and profound changes. On the one hand, the advancement of such technology has brought great convenience to our daily lives; on the other hand, from a legal perspective, the collection, custody and authentication of electronic data have plagued investigators, prosecutors, and judges across different jurisdictions.2 Although the proportion of cybercrime cases in all criminal cases varies from country to country, it is undeniable that almost all countries are wrestling with cybercrimes in the Internet era. In criminal proceedings, electronic data has proven to be the lynchpin in cybercrime cases. In response to the situation, more and more countries have enacted legislation to fight against the rampant cybercrimes and deal with the emerging evidence in electronic form. With the increasing emphasis on electronic data when handling criminal cases especially cybercrime cases, it is of vital importance to review the current rules of electronic data in different jurisdictions to ensure that they are suitable for the present issues the legal system (and the society more broadly) are facing.