On The Cyber - Crime In The Gathering Of Electronic Evidence

With the development of computer and network technology, the cyber crime is also rampant day by day. The internet is a computer network aggregation which through the gateway pitch point connected many computers, mainly refers to"Internet". The cyber crime is a criminality which refers to take the internet as a tool or aims at the internet, including cyber new crime and traditional crime.The cyber crime has four characteristics: the subject of crime intelligence, the criminality hiding, the crime scope transnational and the criminal activity investigate difficult.Electronic evidence in cyber crime is refers to the data, the information or the trace which can prove the real situation. The electronic evidence produces in the computer and internet system movement and storage on computer and its auxiliary equipment as well as homepage. The electronic evidence in cyber crime has these characteristics: high technology, openness, the multiplicity and the easy to destruct. The electronic evidence in cyber crime is not independent new evidence but the traditional evidence's electronic type.Regarding to collect the electronic evidence in cyber crime has three erroneous presently: adapts the evidence information society by the traditional legal spirit, by the notarization way to guarantee the electronic evidence legal effect and carry on the free collection principle to electronic evidence in cyber crime. Also have four aspects difficult in the practice: the crime scene determination has the difficulty, the cyber crime neutron evidence preserves has the difficulty, the evidence collection is not in accordance with the facts with the evidence collection insufficiency and uniqueness proved has the difficulty in the technology.Therefore, in time to collect electronic evidence in cyber crime, follow the following principles: rapid, validity and comprehensive, expert to collect evidence, the potential witness to assist, use skill to collect and the three-in-one combination principle. In view of the different cyber crime, also divides into different method and procedure to collect electronic evidence.If the electronic evidence was not destruct, has to use the simple collection procedure. Generally using these methods: printing, duplication, photographs, photograph, manufacture judicature copy clerk and seals up, detains. Again the electronic evidence cannot smoothly gain, if encrypts or thought in situation which revises, often uses the complex collection procedure, uses the complex evidence collection methods, for example: the decipher, restores, the test and the real-time collection.Cyber crime scene including physical space and hypothesized space. The physical space is the traditional crime scene, including computer and hardware material object as well as network equipments. The hypothesized space refers to the electronic space which constitutes by the computer hardware and software. The evidence collection is a dynamic continuous process, mainly includes the inspection of the scene, the search detains with the evidence withdraws after to preserve three steps. In carries on to the network crime scene investigates, needs to prepare the corresponding tool, takes the certain investigation measure to carry on handling to the scene. Pay attention to some the questions in the electronic evidence collection. Our law the content which about the network crime neutron evidence search, detains stipulated scattered also lacks the integrity, is unable standard all departments to search and detain the electronic evidence. When the search and detained should follow the connection rule the search and detains these to have the substantive relation with the case fact already by to search for the object which in the verify stipulated. Regarding to the search and detains in the process the preparatory work, pay attention to the rights safeguard question, the assistance evidence collection question. Regarding cyber crime neutron evidence preserving, our country only has the tradition to preserve presently. The notarization preserves the way only exists to the electronic commerce domain. Because the electronic evidence has the easy destructive characteristic, that must to carry on the notarization to preserve electronic evidence in cyber crime.Regarding to collect the electronic evidence in cyber crime, besides the electronic evidence expert's assistance, most importantly to establish a high quality cyber police troop. Moreover, our country at present about public management stipulation although in the certain degree has provided help for the electronic evidence collection. But is saving many deficiency, needs the further consummation.The present Law of Criminal Procedure and its correlation law regarding to the cyber crime electronic evidence is very few. Therefore, in files the lawsuit to the cyber crime time, how collected electronic evidence to become has suspended in front of the detection institution together the difficult problem. In order to avoid the law too being passive, the union cyber crime's characteristics, embarks from the electronic evidence characteristics, to in the network crime neutron evidence collection procedure, the collection method as well as the collection process should pay attention to the question to conduct the research, extremely has the necessity.