The Application Dilemma and Countermeasures of the Exclusionary Rule of Illegal Electronic Evidence

Abstract

The exclusionary rule of illegal evidence is an important rule in criminal proceedings. Whether the exclusionary rule can be accurately mastered and applied directly affects not only the legitimate rights and interests of the parties, but also the final judicial justice. As an emerging type of evidence in the era of big data, electronic evidence is also one of the legally prescribed types of evidence and undoubtedly should be included in the scope of adjustment of the exclusionary rule for illegal evidence. However, on the whole, there are some problems in the current illegal electronic exclusion in our country, such as the imperfect legal provisions on the exclusion of illegal electronic evidence, the incomplete standards for the determination of illegal electronic evidence, and the insufficiency in the legality review of the electronic evidence collection procedures. Based on this, it is necessary to supplement and improve the relevant provisions in the Criminal Procedure Law, clarify the exclusion rules of illegal electronic evidence at the legal level, and refine the exclusion standards of illegal electronic evidence, so as to open up a way out for the application of the exclusion rules of illegal electronic evidence.