Study Of Computer Crime, Electronic Evidence And Rules Of Evidence

In the Code of Criminal Procedure of the People's Republic of China, the lack of electronic evidence, a special type of evidences, for computer crime renders the judicial personnel to be either difficult or unable to execute in their judicial practice, which brings enormous inconvenience to combat and prevent computer crime, and makes it difficult to contain the computer crime tide in the new situation.This article conducts the attempted research to the analysis as well as the collection, examination, judgment and verification of electronic evidences in computer crimes.The introduction part mainly elaborated the reason of topic selection, as well as the research scope and logic, and the analysis methodology. The first part narratesd the concept and classification of electronic evidence, appraised and analyzed some related theories, and suggested the independent legislation for the electronic evidence and the relevant arrangement of such legislation;The second part elaborated the collection of electronic evidence during criminal investigation, and discussed in details the current laws that enforce network service provider to record and preserve information, as well as the search, detain, technical investigation and the improvement of evidence collections; The third part elaborated the examination of electronic evidence in prosecution step, and carried on detailed analysis to the source of electronic evidence, evidence collection procedure as well as the relevance of the electronic evidence to the truth, the evidence content, the appraisal conclusion, the evidence preservation and so on. It proposed the evidence investigation principle for the comprehensive examination and judgment by unifying the entire evidences in a law suit;The fourth part discussed and analyzed the collection and verification of electronic evidence in court examination. It emphasized electronic evidence that are collected and verified violating law or illegally, the utilization principle in case that electronic evidence fails to verity the complete crime, the preservation of electronicevidence, the collection and verification of contradictory electronic evidence, and the determination of prove strength of electronic evidence.The fifth part discussed the concept and classification of electronic evidence in criminal prosecution. It emphasized the principles of confirmation, communication and selection of electronic evidence, as well as the principles of illegal evidence exclusion and the evidence strengthening;The sixth part gave several thoughts on the legal regulations of electronic evidence, and suggested feasible plans for constructing the legal provisions of the electronic evidence in our country.