The development of China's electronic case file regulations and its future implications

Abstract

Following the issuance of a set of guiding opinions by the Supreme People's Court and Supreme People's Procuratorate in 2016, China has developed a preliminary framework to regulate the preparation, transfer, and use of electronic files. This paper sets out the key features of this framework, highlighting in particular the usefulness of electronic case files as procedural evidence to safeguard the integrity of the criminal justice process. This paper argues that such measures contribute significantly to improving procedural justice and judicial independence in contemporary China. However, further technological and legal rules are needed to address security concerns arising from the use of electronic files. The use of electronic case files is accompanied by new vulnerabilities in the criminal process in the form of data leakage, malicious tampering, and file losses. If these concerns are sufficiently addressed, the further integration of cutting-edge technology could improve the protection of the rights of the accused, reduce latent judge bias, and provide further clarity on the legal status of electronic case files in China.