Research On The Procedure Of E-Evidence Investigation

In the information society,electronic data has become a ubiquitous "trace",and its wide application in criminal proceedings is an indisputable fact.The revised Code of Criminal Procedure of China adapts to the development of modern information technology,according to the new situation and practical needs of criminal procedure,electronic data is added to the category of statutory evidence.And if we want to further enriches the extension of evidence,helps to standardize the extraction and application of electronic evidence by judicial practice departments,and better proves the facts of cases,simply add a new type of evidence is far from satisfaction.At the same time,the rapid development of cloud computing,big data and other technologies,make it even difficult to collect and extract electronic data.Forensics requires higher information and network technology support.With regard to the collection,extraction and examination of electronic data,compared with the electronic data forensic procedures and legal systems in developed countries and regions,China’s Criminal Procedure Law and relevant judicial interpretations and normative documents only have principled provisions,which are not operable.At the same time,the objectivity,relevance and procedural norms and private rights protection of electronic data are easily controversial in practice.Therefore,it is the proper meaning of this paper to promote our electronic data forensics procedures to actively respond to realistic challenges and opportunities of the times,take into account the regulation of public power and the protection of private rights,and realize the deep integration of technology and law.This paper takes the research of electronic data forensics procedure as the topic,and divides it into six chapters besides conclusion.The first chapter is the introduction of the electronic data forensics procedure,focusing on the characteristics of the times of electronic data and the research background,significance and scope of the electronic data forensics procedure,comparing and analyzing the research status at home and abroad and its research value for improving the localization of the electronic data forensics system in China.Chapter 2 is the theoretical dimension of electronic data forensics procedure.Taking the reflection of existing research methods as the breakthrough point,it emphatically demonstrates the basic questions of electronic data and electronic forensics procedure,including the concepts and characters of electronic data,and try to figure out some basic questions about electronic forensics procedure,including commonly used tools.The third chapter is about the electronic data forensics procedure norms in China.It elaborates the development process,system status and legislative problems of the electronic data forensics procedure norms in China in stages,this chapter also analyzed the problems in practicing norms and the blankness of new forensic technical norms,which not only fully affirms the development results,but also points out the shortcomings.Chapter 4 is about the electronic data forensic work,focusing on the deviation of forensic behavior,it also deeply explores the deviation cause of the foregoing electronic data forensic procedure,such as unclear value orientation,imperfect system norms,disjointed entity and procedure,and difficult practical operation problems.The fifth chapter is the investigation of the extraterritorial electronic data forensics procedure,which based on an American study.It makes a detailed study and comparative analysis of the value concept,procedure rules,power control,legal remedies and challenges faced by the extraterritorial electronic data forensics procedure,and it also tried to summarize tips for China.The last chapter is about the system improvement and practice prospect of electronic data forensic procedure.In view of the above problems,the author puts forward the core values and basic principles respectively,and strengthens the all-round construction of the system norms,judgment mechanism and guarantee mechanism of electronic data forensic procedure in order to promote the legalization,efficiency and scientificalization of electronic data forensic procedure in China.