On The Criminal Investigation Phase Of Collecting And Preservation Of Electronic Evidence

The development with Computer and network technology,has enriched our job and life,affecting all aspects of the political,economic and cultural.People enjoy the convenience brought about by the information society at the same time,also faces criminal suspects using computer and network technology to carry out the embarrassment of crime.Information technology provide more choices for criminal offenders.Different from traditional crime,computer and information technology as a result of the intervention,crime has become more subtle and intelligent,to bring new criminal investigation of the problem,and this is the issue of electronic evidence.In the investigation process of the new criminal cases,evidence of the traditional collection methods can not be directly used.This article combines the basic theory of electronic evidence.The use of research methods listed in the criminal investigation phase of the electronic collection and preservation of evidence to conduct a comprehensive appraisal.In order to obtain because of the electronic evidence admissibility as proof of the facts of the case.This article is divided into four chapters.The first chapter introduces the concept of electronic evidence and characteristics from the basic theory of electronic evidence. I assess electronic evidence on the legal doctrine.I combine different theory,put e-evidence for new forms of evidence.The second chapter is the investigation phase of the collection of electronic evidence.Our country do not have the relevant provisions in the Code of Criminal Procedure.Combination of foreign legislation,we can establish China's collection system of electronic evidence.From the principle of electronic evidence collection,the main,procedures and measures to achieve legitimacy,so that electronic evidence collected has proved to power.ChapterⅢis the issue of preservation of electronic evidence.Collection and preservation of evidence is a continuous process.Collection of electronic evidence is not immediately entered into the course of the proceedings,but also the need to be preserved. Therefore,the preservation of electronic evidence must also be in line with the course of the proceedings.ChapterⅣis mainly put forward the proposal to amend the Code of Criminal Procedure in China.It is necessary to clear the legal status of electronic evidence,electronic evidence collection and preservation of the procedural legal regulations.