Network Evidence And Its Collection Of Research

Computer, network techniques resemble"double blade sword", at promoting the productivity development and sharing social information, inescapable at the same time network crime comes into being. On the one hand,network crime has grown in intensity and made enormous damage of the society,to the other kinds of crimes,they're too far behind to catch up with in the depth and extent.On the other hand,sine knowledge of network crime is lack,besides the high-tech and conjecture of the network behavior, even network crime has been proceeded to pursue,and also usuallvended up with nothing definite because of lacking of proof.Following the network crime, there comes forth network evidence which comprises all the information involved in the crime. Bridging the gap between the real world and the cyberspace, network evidence enables the punishment for network crime by laws. Therefore, the author believes that network evidence plays a fundamental role in challenging to the traditional law by the web network. However, there is still dispute on the concept and connotation of network evidence. The lack of collection and study in this regard further impairs the function and strength of related laws. Thus the writer proceeds first step study about a series of issues involved in network evidence such as the essential notion, the characteristics and classification, and the collection, in light of the basic principle of procedural law and evidence science.This thesis includes four parts :Ⅰ. Establishment of the Notion of Network EvidenceThe author gives out the notion and its essential connotation after comparing with other related evidence notions. The network evidence, which coexists with net crime, refers to any trace left by the criminal behavior in the objective world. It is, in a real sense, a kind of information carrier which acquires facts of criminal case from other terminals through the network.Ⅱ. Characteristics and ClassificationAs a new form of evidence, network evidence has its own particular characteristics, which is distinguished from traditional one. They are as follows: 1. Different way and different site in evidence collection2. Different censorship for its efficiency3. Verification about data information of network evidence through network serverBased on the analysis about the notion and characteristics, the author alarifies the network evidence into following types:1 .E-mail2.BBS3.Website4.Net link5.Chat on Line6.Electronic signature and data interchange7.Mobile phone messageⅢ. Handicap in Network Evidence CollectionBased on the experience about the fight against network crime in the latest years in China, the writer lists a few problems in proof collection of network vidence.1. Difficulty in data selection and scmfmize2. Inadequate security knowledge of computer user3. Ambiguity in jurisdiction of network crime case4. Low comprehensive quality of investigatorⅣ. Study on Basic Issues of Network Evidence CollectionThis is the most important part of the thesis. Generally two basic issues are adiscussed in this section.A.Entity of Network Evidence CollectionThere are three types of entity in the discussion.1 .Network police2.Technical experts3.Network service supporterB.Real-time Collection of Network Evidence and Law Regulating Real-time collection is recognized as the main important measure of network evidence collection. The author will discuss such issues as: 1.Real-time collection of network evidence2.Laws and regulations on real-time collection of network evidence in other country3.Legislation and perfection of related procedure in our country4.Real-time collection of network evidence and citizen right guarantee...