The Study Of Criminal Network Evidence

Computer, network techniques resemble "double blade sword", at promoting the productivity development and sharing social information, inescapable at the same time network crime comes into being. This is the result of producing of technique that melted into person's "good and evil". On the one hand, network crime has grown in intensity and made enormous damage of the society, to the other kinds of crimes, they're too far behind to catch up with in the depth and extent. On the other hand, since knowledge of network crime is lack, the offenders were not condemned by the social morals and public opinion, but apotheosis; besides the high-tech and conjecture of the network behavior, even network crime has been proceeded to pursue, and also usually ended up with nothing definite because of lacking of proof.Network evidence producing with network crime is a message that was left by criminal offence. It makes the communication of the realistic space and cyberspace and function of law. It's important to meet Internet challenge to the traditional law. But being lack of cognition of network evidence, its law position, law function, as well as special evidence rules at the litigation process. So relying on the basic principle of litigation law and evidence science, the writer proceeds first step study about a series of these problems, from the innate character to the application of practice.This thesis includes six parts:First, pertaining to the mention of criminal network evidence. To beginning with concept of network evidence, the writer discloses innate character of network evidence through the compared with traditional criminal evidence, so it provides the basic concept for confirming the law position and function of network evidence. The network evidence exists with network crime and it is the trace that was left in the objective world by criminal offence. So network evidence is objective and pertaining to the fact of case. Meanwhile, network evidence will be the base of judgment, only if it entered the process of litigation under the regulation. So network evidence is juristic. Objectivity, relativity and juristic quality are the common ground of network evidence and traditional criminal evidence at innate character. But manifestation of network evidence such as electromagnetism record, ordering record, doesn't belong to the manifestation of traditional criminal evidence; it's the new development of evidence manifestation. So network evidence is the objective fact, which exists along with network crime in cyberspace and manifests as electromagnetism record, ordering record, and enters the litigation through juristic process.Second, pertaining to criminal network evidence's characteristic. Network evidence's characteristic is the exterior expression of its innate character. Including: (1) High-tech. High-tech based on the network crime behavior, also this is the core characteristic of network evidence and premise of other characteristic; (2) Frangibility. It means that it's too difficult to check or judge even if the network evidence was falsification or distorted. (3) Conjecture. Namely the network evidence's manifestation usually can't be directly apperceived by person's sense organs. It must ask for help of relevant equipments with technique to convert. (4) Multiplicity. After converted with particular technique and equipment, usually the other manifestation of evidence presents the network evidence out.Third, pertaining to network evidence 's value. This part is from external value to internal value of network evidence to analyze. The external value is with regard to cyberspace. As a message associated with network crime and left in cyberspace, network evidence can be collected in the realistic space to combine the criminal fact. So it's the most important function and not substitutable value to punish and suppress network crime. The internal value points out network evidence it self's quality as evidence in litigation activity.Forth, pertaining to network evidence 's co...