A Study On The Determination Of Evidence In Cybercrime Cases

With the Internet’s emergence and it’s depth socialization, there are numerous difficult legal problems spawned, cybercrime and its penal sanctions becoming a major times issue which in criminal legislation and judicial practice in recent years. Traditional crime and cybercrime’s network borderless bring much impact to the criminal theories which shouldn’t be underestimated, judges will be the fundamental purpose of a criminal trial is to ascertain the facts and make a final judgment on this basis, the evidence is checked the main factor Ming facts of the case.Cybercrime is itself a virtual and concealment of the evidence also faced with various challenges, legitimacy and examine the evidence of the authenticity of evidence means and procedures pushed to the cusp of the exclusionary rule, the best evidence rule of evidence original theories and hearsay exclusionary rule to apply to electronic data has also brought greater challenges. Evidence in the form of electronic data belonging to the virtual space, but as a legal type of evidence the applicable rules of evidence are still inseparable from the traditional system, the electronic data and traditional evidence or reasoning by analogy to the traditional interpretation of the evidence can be expansion evidence used in the virtual space in real space, some special authentication methods such as presumed, make statement and notarization plays a vital role in e-data application process.From our current judicial practice, on electronic data authentication rule shortfall rigid terms, a real sense of independence of the judiciary has yet to build, difficult for the judge to ensure the neutrality, it is difficult to get a full range of open trial of the implementation, resulting in evidence the identification process can not be guaranteed justice system. Update Network Technology With the rapid development and continuous variation of cybercrime, while the corresponding legal rules but require lengthy deliberation will be officially introduced, the legislation is difficult to keep up efforts to intergenerational pace of change of Internet technology. E-data belongs one type of evidence in evidence disciplines, but its also a concept in computer science, these double attribute determines e-data related expertise and high technology aren’t to be mastered and applicationed, since of the generation in disciplines the difficulties and challenges which judge inevitable will be faced. In the era of high-tech crime cybercrime as the representative for dispersion, the traditional evidence collection cann’t effective to be fixed and collected, the traditional authentication methods are also under enormous pressure."A sound legal was the footstone of social civilization", the cybercrime’s universalization promote the e-data’s legislation, in this condition only to make a practical recommendations in system and implement in practice, electronic data can play its proper role in law. However, to improve the efficiency of electronic data applicable in judicial practice, it is necessary to break the interdisciplinary research of discrete, thus to promote multi-disciplinary, multi-view and open research model is necessary. To be the basis of a decision, the relevance of the evidence authenticity and legality must be guaranteed. Netease fair postal service and Ancun network security system which due to a connected user’s authentication system state authority, as the Internet service provider, the National Security Ministry and the State notary public joint offering’s product, its authoritative and normative can’t be doubt. At the same time e-data may involve state secrets or related technical personnel can not be exposed privacy and other factors can not be disclosed in court certified the case, then you need to identify the evidence by the court to verify the program. Forms of electronic data have variability and diversity, the judges of the evidence of certification criteria should be eclectic, rational use of free evaluation of evidence and apply a wide range of certification standards to become the best choice for electronic data identified.