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Research On The Collection And Fixation Of Electronic Evidence In Network Crime Investigation

Posted on:2017-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:M L WangFull Text:PDF
GTID:2206330485950949Subject:legal
Abstract/Summary:PDF Full Text Request
We are living in a new era in 21 st century,we witness the development and progress of science and technology, and enjoy the convenience and fun that the high-tech industry brought, such as electronics, networking, information-based way of life. However, relying on network technology of shopping, entertainment, finance management, chat and so on, let us applauded it and also brings infinite crisis, there have been some new criminal phenomenon, and cybercrime has become social problems that can not be ignored. To punish the cybercrime(especially the cyber economy crime) is a complete process about law application, among them, the evidence collection and fixed play a basic role. And electronic evidence is an important(and even the main) trace of network crime. The emergence of this new evidence is accompanied by the development of electronic information technology. We need to recognize that the new evidence has a significant difference with traditional evidence at legal and technical aspects because of their specificity, so it brings higher requirements in aspect of surveillance equipment and the level of network forensics investigation. In the course of the investigation of cybercrime, only mastering the methods and Strategies of collecting and fixing electronic evidence, and deepen the using of science and technology, further strengthen the law enforcement, judicial standardization construction, then we can make electronic evidence in the process of investigating the case to play a real role, and combat cybercrime accurately and effectively.As an emerging evidence followed the technological development, the use of electronic evidence will become an important means of detection of many cases, it’s role in practice is obvious, but it also has high research value in theory. This article will use comparative analysis, empirical analysis, literature study and theoretical research which based on some empirical basis to do a comprehensive analysis of all types of documents. I compared China’s current research status of electronic evidence with foreign countries in aspect of legislation, acquisition and fixed, analysed their differences and trends. Exploring the current actual state of collection and study of the fixed about electronic evidence of cybercrime in investigation. Then analysing the reason from the actual situation and putting forward reasonable countermeasures.This paper is divided into five chapters. The first chapter describes the concepts of cybercrime, introduces the type and characteristics of electronic evidence. Having a preliminary understanding about the basic object of this study. The second chapter from the legislative and judicial point of view, exploring the legal Status of electronic evidence about acquisition and fixed in network criminal investigation. Chapter III has a detailed analysis of main issues which the electronic evidence of cybercrime investigation faced from the collection and fixed two aspects.Fourth chapter studys the valuable research experience abroad,discarding the dross and selects the essential,learnig from experience that in line with China’s national conditions.The fifth chapter on the basis of research and analysis above,from the laws and regulations, personnel training, technology and methods,and other aspects of human rights protection, putting forward specific recommendations about improving the collection and fixed of electronic evidence in investigation of cybercrime.
Keywords/Search Tags:cybercrime, electronic evidence, collection, fixed
PDF Full Text Request
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