The Standardization Of The Electronic Evidence Forensics Research Investigation

With the development of digital information technology and widespread of computer technology, people have benefited a lot. They use this new technology to spread information in aspects of politics, economy, culture, science and so on. However, we can’t ignore the fact that at the same time, computer network crime has threatened our society, thus causes the necessity of electronic evidence collection which is somewhat different from traditional one. Considering the characteristic of electronic evidence:intimate connection with computers, the author did some research on electronic evidence obtaining in network crime by using the methods of comparison and enumeration, and took examples of foreign legislations so that some reasonable advice on obtaining electronic evidence in criminal detection could be offered.The article includes four parts, the purpose is to discuss the details and importances of electronic evidence collection as well as problems exist in the operation of obtaining electronic evidence. It also emphasizes the necessity of regulations on the relevant procedures. Firstly, the article discusses about the basic theories of electronic evidence, i.e. the concept, characteristics and legal status. Secondly, it compares regulations between People’s Republic of China and foreign countries, analyses the disadvantages of domestic legislations and takes examples of foreign practice. Thirdly, it studies on problems exist in electronic evidence collection in domestic criminal detection. At last, it offers some reasonable advice on electronic evidence collection on the level of theory as well as practice so that the collection could be standardized and more scientific.To obtain electronic evidence is not only a kind of legal act but also a complex technical process. Therefore, we must not only obey the legal procedure, but also make sure that it conforms to technical demand.