Discuss The Collection System Of The Network Evidence

Any of a revolution in science and technology, will cause great changes in human society, and ultimately lead to legal changes.The invention of the computer is one of the greatest inventions in the last few centuries of human society.Internet's swift development causes the humanity already to enter the network time.This article obtains from the network evidence collection system's outline, through compares the major countries'network evidence collection of the UK-US legal system and the mainland legal system , and combined with our country network evidence collection the legislative present situation and the judicial practice, and propose some suggestion to consummates our country network evidence collection system.The first part of the thesis is an overview of the network system of evidence collection. First ,put the definition to the network evidence,and compare the network evidence and electronic evidence these two concepts,analyzed the network evidence has some characteristics that different with the traditional evidence such as high technical, vulnerability, compound, transmitted rapidly, etc.and has enumerated the common type of network evidence,e-mail, electronic bulletin board, web pages, links, electronic chat, etc. Then has determined the content of network evidence collection , including collectors, collection methods, procedures of regulation and other content, and has analyzed the practical significance, the theory significance and the legislative significance of the network evidence collection.The second part is comparative perspective of evidence network, and lists the evidence collection of the UK-US legal system and the mainland legal system country evidence collection of main network system. Enumerates the major countries'network evidence of the UK-US legal system and the mainland legal system.The countries of the UK-US legal system basically have the detailed rules of acceptance and repel the evidence, but the mainland legal system countries' evidence act mainly stresses on the evidence collection and the extraction. The third part discusses the present situation of our country's network evidence collection system.From the aspect of legislation in our country, our country have many regulated document about the network evidence collection system, on to the law, gets down to the department rules and regulations, the local authority rules and regulations, the legislation is scattered, and the legal position step is low, lacks the workability rule.From the judicial level point of view, although our country as early as has tried the use email verdict infringement suit in 1996, but many judicial officials frequently avoid the use network evidence. Only in recent years ,our country have some related research about the network evidence collection, main evidence collection tool, technology and method are mainly from overseas introduction, corresponding technical standard, technical team and technical equip are relative backwardness.The fourth part is this article key point, aims at how to improve our country's network evidence collection system.First aims at the special main body of the network evidence collection: The information technology expert, cybercop, the network service provider, and analyz different functions as well as the deficiency of them in the network evidence collection, and proposed the improvement opinion or suggested: The information technology expert needs the procedure valid guidance and the corresponding surveillance, cybercop needs to strengthen training, to renew the equipment, to improve the quality, the network service provider needs to establish the penal regulations of violates the legal evidence collection duty;Then analyzes the method of network evidence collection selective analysis network evidence's inspection of the scene and the network preserved fairly, pointed out the the difficulties that evidence-gathering techniques, especially the network notary preservation have to face:the corresponding laws and regulations vacancy, preserves the process not intuitively, the notarization officers lack the corresponding experience very much.Hopes through the legislative to establish detailed operating specifications.Finally is consummates the procedural rules and regulations of the network evidence collection through the use of legitimate software certification program or to take lawful forms of evidence, avoids because of the evidence collection procedure slight defect influence the workability of the network evidence.