Firmly promote the vigorous development of electronic data in the judicial field

　　Recently, the "First Symposium on Judicial Application and Frontier Theory of Electronic Data" jointly sponsored by the School of Criminal Justice of China University of Political Science and Law, the Electronic Evidence Laboratory of the Procuratorial Technology Information Research Center, the Journal of the National Prosecutors College and the Institute of Information Engineering of the Chinese Academy of Sciences was held in Beijing. A number of scholars and experts in judicial practice from universities across the country gathered together to discuss the current situation, challenges and development prospects of the application of electronic data in the judicial field.

　　Looking forward to the application of electronic data in the judicial field

　　In his speech, Liu Zhe, director of the Procuratorial Technology Information Research Center of the Supreme People's Procuratorate, combined with practical work experience and took the judicial appraisal of "hazardous substances" as an example, pointed out the problem of the isolation of academic discussion of scientific evidence and judicial practice, and hoped that the academic and practical circles could strengthen mutual exchanges, and the legal discipline education would strengthen the curriculum of judicial appraisal and other technical evidence, so as to jointly promote social governance.

　　"In the context of the rapid development of information technology and its revolutionary impact on the field of criminal justice, it is of great significance to study the judicial application of electronic data in academic discussion and judicial practice. Zhou Zhirong, Secretary of the Party Committee of the School of Criminal Justice of China University of Political Science and Law, said in his speech.

　　Gu Jian, former deputy director of the Cyber Security Bureau of the Ministry of Public Security, believes that from electronic data to court evidence, it is necessary to concentrate on solving four problems: First, the legal status of electronic evidence; second, standardize the collection, extraction, review, and judgment of electronic data, and improve the quality of case handling; third, the environment and methods for extracting electronic data are constantly changing, which has brought great challenges to the extraction of electronic data; and fourth, electronic data as evidence should comply with the requirements of traditional evidence rules and relevant technical standards.

　　He Deyin, deputy director of the Procuratorial Technology Information Research Center of the Supreme People's Procuratorate, focused on the three major functions of procuratorial organs in the performance of their duties, revealing the important role played by digital technology in procuratorial work - "In review practice, it is necessary to devote ourselves to visualizing massive electronic evidence and assisting procurators to see, see and use this evidence well. In investigative activities, digital technology can be used to find clues, confirm target locations, and provide long-term evidence for the investigation of cases. In investigative activities, whether it is the exercise of professional investigative power, mobile investigative power, or supplementary investigative power, there are characteristics such as special subjects and great difficulty in handling cases, which also puts forward higher requirements for the technical ability of procuratorial organs. ”

　　Xu Rongsheng, a researcher at the Computing Center of the Institute of High Energy Physics of the Chinese Academy of Sciences and chief scientist of the Cyber Security Laboratory, pays more attention to the cultivation of digital talents. He suggested that colleges and universities should recruit double degree students or cross-train when recruiting graduate students in e-forensics.

　　Wang Jinxi, a professor at the Law School of China University of Political Science and Law and vice president of the Lawyer Law Research Association of the China Law Society, pointed out that even if artificial intelligence and other technologies appear explosively in the field of forensics, they cannot break through the basic position of human witnesses in evidence law, and data problems must rely on expert witnesses to describe in court.

　　Hu Xiangyang, dean of the School of Criminal Justice of Zhongnan University of Economics and Law, combined with his own judicial cases in which he participated in cross-examination as an expert witness, said that words such as "consistent", "similar" and "suspected" should not be used in the comparison and analysis part of the appraisal report, which does not conform to the specifications for the production of judicial appraisal documents, nor does it meet the standards for video image identification.

　　Jiang Hanxiang, chief scientist of SDIC Intelligent Co., Ltd. (Meiya Pico), believes that the main reason for the decline in traditional crime cases and the rise of cyberspace crime is that emerging scientific and technological means have eliminated some forms of crime, the development of big data and artificial intelligence technology has improved the efficiency of solving cases, and cameras have made criminals have nowhere to hide. He pointed out that the construction of a cyberspace crime prevention and control governance system should grasp the elements of network users, network data, network platforms, and network behaviors.

　　A scientific scrutiny of the evidentiary role of electronic data

　　The keynote speeches of the seminar set up two units: "Scientific Examination of the Role of Electronic Data Proof" and "Observation of the Current Situation of Judicial Application of Electronic Data", and the participating experts made active speeches.

　　The first session focuses on "Scientific Examination of the Role of Electronic Data Proof". Guo Jinxia, a professor at the School of Criminal Justice at China University of Political Science and Law, believes that the results of the application of science and technology in the judicial field can be used as evidence to prove the facts of a case, especially in the field of criminal justice, which may be related to crime or non-crime, and the evidence that proves the facts of the case should be examined with a strict and prudent attitude. Li Xuejun, a professor at the Law School of Chinese University, pointed out that we should pay attention to the cross-integration of "evidence" and "technology", and build "evidence technology" to adapt to the challenges brought by the era of multi-dimensional evidence of technological iteration. Hao Yongsheng, a professor at Peking University's School of Information Technology, believes that legal education should pay more attention to practical and skills training, and law undergraduates should be trained to have more practical experience and skills, not just theoretical knowledge. Chen Long, a professor at the School of Cyberspace Security and Information Law at Chongqing University of Posts and Telecommunications, believes that the attention to the credibility of the whole life cycle of electronic data needs to run through the whole process of data acquisition, analysis and disposal, and that a full-factor quality assurance system should be established to consider multiple links including identification methods, sample disposal and management system requirements. Chen Kai, a researcher at the Institute of Information Engineering of the Chinese Academy of Sciences, introduced the potential security risks of chat records, digital signatures, and electronic images on social platforms as electronic evidence. Guo Hua, a professor at the Law School of the Central University of Economics and Law, introduced the application of electronic data in the judiciary in three aspects: one is as a forensic technology, the other is the use of direct evidence, and the third is the identification of electronic data when there is a dispute over electronic data.

　　Focus on the current situation of judicial application of electronic data

　　Focusing on the issue of "Observation of the Current Situation of Judicial Application of Electronic Data", Professor Liu Pinxin of the Law School of Chinese Renmin University put forward theoretical and practical topics such as how to deal with public-related crimes. He believes that the legal community needs to actively explore the use of massive financial analysis reports, web reports, or reports generated by massive communication data as realistic answers to the form of big data evidence. The construction of the Electronic Evidence Law coincides with the mission and responsibility, and a "new Electronic Evidence Law" should be constructed based on the new form of electronic evidence. Wu Yubao, deputy dean of the School of Information Technology of Nanjing Police College, pointed out that in the context of continuous upgrading of technology and the legality and authenticity of electronic data becoming the focus of case disputes, the four parties of the public, procuratorate, law and defense should strive to improve the degree of mutual recognition between each stage and each subject in the future. Zhang Yunquan, director of the Commercial Dispute Resolution and Criminal Defense Legal Affairs Department of Beijing Yingke (Haidian District) Law Firm, pointed out that the existing laws and regulations do not make specific requirements for the professional knowledge of electronic evidence collectors in criminal proceedings. When lawyers collect electronic evidence on their own, they are often prone to fall into the dilemma of unclear procedures, single technical means, and general lack of ability to collect evidence. Bai Lei, procurator of the Haidian District Procuratorate of Beijing, pointed out that in the criminal procedure process, the core problem in the middle of the prosecution link and the back-end court trial link is how to find the core data related to the case in the massive electronic data. "The evidence composition of cybercrime is clearly different from that of traditional crime, and it is of great significance to study electronic data. Ren Liucun, a prosecutor from the Nantong Municipal Procuratorate in Jiangsu Province, believes that an accusation and proof system should be built around the authenticity of electronic data, comprehensively review and comprehensively analyze the correlation between multiple electronic data, and consider the high cost of massive data transfer and the existence of software barriers.

　　Focus on the cutting-edge exploration of electronic data forensics technology and methods

　　In the panel discussion, the seminar set up three topics: "Frontier Exploration of Electronic Data Forensics Technology and Methods", "Theoretical Discussion on Electronic Data Review and Cross-examination", and "Practical Discussion on the Judicial Application of Electronic Data".

　　Focusing on the topic of "Frontier Exploration of Electronic Data Forensics Technology and Methods", Ding Liping, a researcher at the Institute of Software of the Chinese Academy of Sciences, pointed out that the intelligent automotive industry is currently facing a huge risk of privacy leakage and other data management violations and regulations, and it is necessary for enterprises to strengthen the construction and implementation of data compliance systems. Mao Yihong, Director of the Procuratorial Technical Information Division of the Lanzhou Municipal Procuratorate of Gansu Province, took three criminal cases reviewed and prosecuted by the Gansu Provincial Procuratorate as examples, and shared the practice of electronic data inspection and appraisal in the procuratorial organs' self-supplementary investigation. Liao Xin, a professor at Hunan University, pointed out that in the era of artificial intelligence, it is necessary to defeat magic with "law": the first "law" is a legal bill, and many related bills have been introduced at home and abroad; Qiu Shouxia, deputy general manager of the Digital Legal Service Division of Xiamen Meiya Pico Information Security Research Institute Co., Ltd., pointed out that it is necessary to expand the scope of "taking", improve the ability of "evidence", and build a mechanism for coordinated combating new cybercrimes. Dr. Guo Yugang, from the Physics Experimental Teaching Center of the University of Science and Technology of China, introduced the demand background, technical capabilities and application effects of data leakage traceability and forensics technology. Hu Dewei, director of the Investigation Teaching and Research Department of the Public Security College of Northwest University of Political Science and Law, introduced the difficulties in evidence collection in criminal cases involving virtual currency, and analyzed the investigation and evidence collection path of criminal cases involving virtual currency.

　　Focus on the theoretical discussion of electronic data review and cross-examination

　　In the topic of "Theoretical Discussion on Electronic Data Review and Cross-examination", Wu Hongqi, a researcher at Peking University Law School, pointed out that the current research on electronic data shows a trend of "emphasizing technology over law" and "emphasizing evidence collection over review", and the legislation also shows the unbalanced characteristics of the review framework, which should be reflected and improved from the perspective of law. Xie Dengke, a professor at Jilin University Law School, pointed out that the review of the legality of electronic data should be returned to specific procedures, but the current Criminal Procedure Law does not include electronic data in the application of investigative measures, so it cannot provide a legal basis for authorization for evidence collection, and solving this problem should become the focus of the revision of the Criminal Procedure Law. Pei Wei, a professor at the Law School of Beihang University, summarized the challenges faced by electronic data in the application of judicial practice. She pointed out that there is a tension between the fragility of electronic data and the complexity of the investigation and evidence collection procedures, which creates the need for electronic data control and preservation, which in turn leads to electronic data freezing measures. Zheng Fei, an associate professor at Beijing Jiaotong University's School of Law, believes that traditional electronic data concepts and rules can no longer effectively cover and regulate existing digital evidence. Based on the differences in the proof logic of different types of digital evidence, the audio-visual materials and electronic data in the Criminal Procedure Law should be modified into an open and integrated digital evidence. Yue Jia, an associate professor at the Judicial Police College (Public Security Branch) of Gansu University of Political Science and Law, believes that the difficulties in the review of electronic evidence in dark web drug crime cases are mainly due to the complexity and low efficiency of electronic evidence authentication activities, the difficulty in ensuring integrity, and the difficulty in establishing logical associations.

Source: Procuratorate Daily