Electronic data is the most frequently used evidence in the internet and information era.Electronic data has been applied extensively and can be classified into many categories,which determine that electronic data con...Electronic data is the most frequently used evidence in the internet and information era.Electronic data has been applied extensively and can be classified into many categories,which determine that electronic data contains all kinds off undamental rights.To clearly understand the fundamental rights contained in electronic data is an important precondition for respecting and protecting human rights in electronic data evidence obtainment.Property-type electronic data contain property rights.Traditional investigation measures such as seizure and freezing the property cannot be taken to obtain valid evidence.To directly turn the digital currency into cash and then seize the cash,will result in insufficient property rights protection,and may violate other fundamental rights of criminal suspects.The expansion of the object of the right to privacy and the change of the carrier on which the expansion depends in privacytype electronic data,determine that the obtainment of the privacytype electronic data evidence may result in intangible intervention and secondary intervention in the right to privacy.Communicationtype electronic data contains freedom of communication and the right to communication secrecy.Investigative organs can collect this kind of electronic data through search,acquisition,remote investigation and examination,and other means.However,according to the existing institution design,the above-mentioned means may result in insufficient protection of freedom of communication.Expressiontype electronic data contains freedom of expression.If investigative organs collect this kind of data,they may intervene in freedom of the press though they do not intervene in narrowly defined freedom of expression.The basic principles that should be followed in the electronic data evidence obtainment which intervenes in fundamental rights include the doctrine of legal reservation,the writ system,the principle ofp roportionality,and illegal evidence exclusion.展开更多
基金the project of China Human Right Research Society“Research on Human Right Protection in Electronic Data Evidence Obtainment”(CSHRS2020-17YB)the key project of the National Social Science Fund of China“Research on the Criminal Evidence Theory System with Chinese Characteristics”(18ZDA139)
文摘Electronic data is the most frequently used evidence in the internet and information era.Electronic data has been applied extensively and can be classified into many categories,which determine that electronic data contains all kinds off undamental rights.To clearly understand the fundamental rights contained in electronic data is an important precondition for respecting and protecting human rights in electronic data evidence obtainment.Property-type electronic data contain property rights.Traditional investigation measures such as seizure and freezing the property cannot be taken to obtain valid evidence.To directly turn the digital currency into cash and then seize the cash,will result in insufficient property rights protection,and may violate other fundamental rights of criminal suspects.The expansion of the object of the right to privacy and the change of the carrier on which the expansion depends in privacytype electronic data,determine that the obtainment of the privacytype electronic data evidence may result in intangible intervention and secondary intervention in the right to privacy.Communicationtype electronic data contains freedom of communication and the right to communication secrecy.Investigative organs can collect this kind of electronic data through search,acquisition,remote investigation and examination,and other means.However,according to the existing institution design,the above-mentioned means may result in insufficient protection of freedom of communication.Expressiontype electronic data contains freedom of expression.If investigative organs collect this kind of data,they may intervene in freedom of the press though they do not intervene in narrowly defined freedom of expression.The basic principles that should be followed in the electronic data evidence obtainment which intervenes in fundamental rights include the doctrine of legal reservation,the writ system,the principle ofp roportionality,and illegal evidence exclusion.
