Electronic Data Issues Identified In The Criminal Proceedings

Electronic data is a high-tech product, especially since the Internet came toChina in recent years, the rise of cyber crime, it is frequently the emergence ofpeople’s vision, of the latest amendments to the Code of Criminal Procedureamendment to clear it as a independent of the type of evidence. Electronic data in thejudicial practice not uncommon, but our research is still in its beginning stages, willbe followed a variety of problems in the judicial application. Select several electronicdata "Panda" as a primer, and comprehensive discussion of the three electronic dataidentified.In the first chapter, the author first of crazy spread on the Internet in early2007"Panda" case brief highlighted the case somewhat ignored evidence in the sentencing,it is assumed that in the crime too has not confessed to the crime facts of the case, andhow the authenticity of these several electronic data identified.In the second chapter of this paper, I will electronic data and traditional evidencecomparison study how to identify the relevance of the electronic data on the basis ofthe interpretation of the provisions of the relevant evidence. Electronic data isdifferent from the traditional data at different only in form, there is no difference inthe proof mechanism, and relevance are things within the scope of certificationmechanisms. So substantially identified electronic data correlation can borrow findsthe traditional evidence of the correlation method.In this chapter, the author discusses the legality of electronic data identified.High-tech electronic data, easy tampering and concealment determines the main bodyof the electronic data forensics forensics program is different from the traditionalevidence, but aspects of our current laws on the legality of electronic data identified no specific requirement, so I believe that it is necessary to study its legitimacy, provedwhat kind of electronic data is legitimate.In the fourth chapter, the author used a lot of ink about the problems identified bythe authenticity of electronic data. Both expressed doubts about the legitimacy of theelectronic data, or it is just for electronic data authenticity to indicate negation to thelast in the authenticity identified explained on this link, to make the collection ofelectronic data has explanatory power.