A Study Of The Legal Procedure Of Computer Search And Seizure

The development of computer and network technology enables people to enjoy the convenience while it also facilitates crimes of this sort, with which investigative organs may get involved in the issue of the legal procedure of Computer search and seizure. As the Computer search and seizure often covers the constitutional right of civilians, many countries has strict restriction on its legal procedure. However, compared with the procedure of the USA, the procedure in our county has its deficiency, even vacancy. A deep investigation on this issue has great significance to the juridical practice of our country. Thus, starting from the standpoint of the constitutional right of the accused, the paper will analyse the difference and similarity between the Computer search and seizure and the traditional ones, and by drawing lesions from the advanced procedure of USA and combining the characteristic of the juridical practice of our country, this paper tries to build a proper legal procedure in this issue, so as to make a cross-reference to the legislative and judicial proceedings of criminal.