Evidential Study On Computer Crime

Computer,the pet of the Information Age,has been widdly used in every field of our society. The development of computer technology has greatly influenced and changed the mode of life and production of human beings. Though it brings us enormous benefits it also causes unprecedented crimes meantime which has challenged the traditional law. Computer crime refers to the serious harmful behaviour done to the society by using computer or attacking the computer system. In recent years,more and more computer crime has done increasing harm to the society. Some developed countries,such as the u. s. have achieved lots of research results on computer crime since they began to study it. However,in our country computer has not been commonly used as those developed countries,we have not given this new type of crime enough attentions.The emergence of computer crime has set a new task to our present criminal procedure law,particular in evidence problem,for example,our present criminal procedure law does not include the electronic records,but the law circle has to research on computer data because the electronic record or information can be used as evidence in many circumstances . It is required that all kinds of information system set up strict rules to guarantee the objectivity of the evidence,and electronic examination and appraisal methods have to be provided to secure its credibility. This is prerequisite of electronic records used as evidence. So we have to mend the present criminal procedure law,to make it at least contain electronic records as valid evidence or on kind of visual-audi material in judicial interpretation. Only by this,we can operate the entity law efficiently and achieve the purpose of punishing and fighting against computer crime.A set of evidence system must be setup to enforce the operatability of judicial practice. Determined by its objectivity. Computer crime distinguishes itself in many aspect frome traditional crime in evidence collecting,in method of crime committing,crime speed and the degree of damage,in keeping the scene of a crime etc. So its detective and evidence collecting methods are different.This thesis centers on computer crime evidence definition and probes into its law efficiency,verif iabil ity,and researches into the method of protecting computer crime evidence and its examinations and studys on the technical problems of protecting evidence and the scene of crime,searching the suspect etc.Though,at the present stage we can not compare with developed countried,our judicial organs can not meet the material need of this kind of case,the law problems caused by computer hasalready grown up. Computer crime evidencial rules requires more professional knowledge than other rules,which and popularity of internet in foreign countries has help them establish a set of comparatively better computer law than ours,so we should draws on the experience of these countries for reference,with the help of computer expert,to establish improve our computer crime evidence law.The development of science and technology is challenging the traditional law which has to turn to lawsuit to find solution.But the existing evidence system has not paid enough attentions on it,which caused lots of problems. Starting from the characteristics ofcomputer crime,I discuss the problem of recognition of computer crime evidence,and give some suggestion of how to confirm it and make it acceptable.I believe that the difficult problems caused by computer technology will be solved in the end with the development of internet technology.