Forensic Study Of Electronic Evidence In Criminal

Along with the development of electronic information technology,the computer criminal acts increase day after day, the importance of electronic evidence enhanced in the judicial practice. In many situations, the electronic evidence often becomes the essential evidence or the only evidence in recognizes the fact and investigates the illegal crime. However, compares with the traditional evidence, the electronic evidence with vulnerability and confidentiality exists by the electronic form on certain medium, cannot by the sensation directly, it will destroy the value of evidence if processde improper,which causes the traditional detection method appears unability when collect electronic evidence. In involves the electronic evidence in the case, forensic becomes a restriction factor to judicial lawsuit. Carry on the system research to the electronic evidence become the urgent matter.This article begins with the importance of forensic which involves in electronic evidence case, to analyze the basic theory of electronic evidence as well as the present situation and the existence question of electronic e forensic in our country. Profits from the overseas experience, and this article proposes the perfect countermeasure of our country on electronic forensic. The first, this article take the electronic evidence concept and characteristic as the starting point,and unifies the related theory about electronic evidence law localization, has established the independent legal status of electronic evidence, foreshadows for as follows research. The second, the text mainly analyzes the present situation of electronic forensic,and unifies the legislation and the judicial practice,to summarize two major problems existence in electronic forensic in our country present situation.The first aspect, the electronic forensic lacks the legal basis because of the electronic evidence has not obtained the independent legal status;the second aspect,because our country study on electronic forensic was still in the start stage,which causing electronic forensic technology weakly.The third, it introduce overseas legislative rules and regulations as well as the achievement which obtains in aspect of forensic technology, which provide the legislation reference to our country in electronic forensic. The last, this article proposes the perfect countermeasure in view of our country electronic forensic in the fore-mentioned several parts of foundations. And suggest that the electronic evidence should be included in legal evidence type, and the official standard on the main body, method, principle, procedure of electronic forensic also should be formulated in the aspect of legal rules and regulations. And we must strengthen the research on forensic technology and tool, as well as model, and pay great attention to the application of these measures.