The new rules of electronic evidence have been introduced. Can friends complain at will?

The new rules of electronic evidence have been introduced. Can friends complain at will?

"You have the right to remain silent, but anything you say will be used as evidence in court." This is one of the most common lines in tvb dramas, based on the civil right to silence at the level of criminal procedure law. Now the radiation range of this sentence may be added to the WeChat circle of friends, a social platform that is being used by 760 million people. A few days ago, the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the Provisions on Several Issues Concerning the Collection, Extraction, Examination and Judgment of Electronic Data in Criminal Cases. According to the regulations, since 20 16 10 1, the information of friends circle and Weibo can be used as final evidence after verification, and the public security organ has the right to set procedures according to law to obtain the above platform information from the units and individuals involved.

"The circle of friends is not safe", which is the feeling of the general public when they first saw this new regulation. The reason for this is that the WeChat circle of friends is relatively closed compared with other Internet information platforms-only people who add friends to each other can see the content published by the other circle of friends, and the privacy of citizens' personal information brought by the closure gives people a sense of security (this sense of security may not exist). Some commentators associate this provision with Article 40 of the current Constitution, "Freedom of Communication and Communication Secrets", and think that this is the restriction of citizens' constitutional rights by the "two highs and one department" and the expansion of the self-power of the subject who issues laws and regulations.

Article 40 of the current Constitution stipulates: "The freedom and privacy of communication of China citizens shall be protected by law. When public security organs and procuratorial organs check communication according to the procedures prescribed by law, no organization or individual may infringe upon citizens' freedom and privacy of communication for any reason, except for the needs of national security or criminal investigation. The "endorsement clause" given by this article of the Constitution to guarantee citizens' freedom of communication has two core elements, one is "the need of national security or the pursuit of criminal offences", and the other is the limitation of subject and procedure, "the public security organ or procuratorial organ shall inspect the communication according to the procedures prescribed by law". If the relatively private WeChat circle of friends is regarded as an extension of citizens' communication on the Internet, does the search behavior of WeChat circle of friends and the new regulation of "two highs and one high" belong to the category of "departmental regulations shall not set norms that damage the rights or increase their obligations of citizens, legal persons and other organizations, and shall not increase their powers or reduce their statutory duties" prohibited by the legislative law?