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Provisions of the Supreme Court on Electronic Evidence

Legal subjectivity:

In order to standardize the collection, extraction, examination and judgment of electronic data and improve the quality of handling criminal cases, according to the Criminal Procedure Law of People's Republic of China (PRC) and judicial practice, the provisions of the Supreme Law, the Supreme People's Procuratorate and the Ministry of Public Security on the collection, extraction and judgment of electronic data are formulated. Electronic data is formed in the process of trial, stored, processed and transmitted in digital form, which can prove the facts of the case. Electronic data includes, but is not limited to, the following information and electronic files: (1) information published through web pages, blogs, Weibo, friends circle, post bars, network disks and other network platforms; (2) Communication information of network application services such as short messages, e-mails, instant messaging and communication groups; (3) User registration information, identity authentication information, electronic transaction records, communication records, login logs and other information; (four) documents, pictures, audio and video, digital certificates, computer programs and other electronic documents.

Legal objectivity:

Article 50 of the Criminal Procedure Law All that can be used to prove the facts of a case is evidence. Evidence includes: (1) physical evidence; (2) Documentary evidence; (3) Testimony of witnesses; (4) the victim's statement; (5) confessions and excuses of criminal suspects and defendants; (6) Appraisal opinions; (7) Records of inquests, inspections, appraisals, investigations and experiments; (8) Audio-visual materials and electronic data. The evidence must be verified before it can be used as the basis for finalizing the case.