The Analysis Of Present Electronic Evidence In Criminal Issues

Nowadays, The internet development rapidly, which brought so many facilities forpeople, such as in the live, study, work and leisure, but also it is become a new platform for crimes. Onthe internet, these cyber crimes happen every day, such as hacker attacks, destruction of computerinformation systems, network fraud, theft network, network marketing, online gambling and othercriminal activities. The electronic data has been play an important roles for prevent these cyber crimes.In the January1st2013, the revised ‘Code of Criminal Procedure’ of China has includingelectronic data to the separate evidence, which means the electronic data will play positiveeffect in the cyber crimes.This article focuses on the produce electronic evidence in the cyber crimes issues. Compared withtraditional evidence, the electronic data has different characteristics, such as high technology, easytampering, extensive distribution, and existed with different types. Indeed, produce electronic evidenceis more complex and difficult than traditional data.There are three part of the essay. The first part is introduced concept, approach and basicrequirement of produce evidence. The second part is analysis of issues in the produce electronic data,which are described the concept, characteristics and classifications of produce electronic data, and alsodetailed discussion of the issues in the produce electronic data. Furthermore, this part not onlyconsiders whether the electronic data suitable for the best evidence rule, but also analysis the commonissues of electronic data in the judicial practice. The third part focus on the approach of produceelectronic data, which are described the scope and objectivity of electronic data. At last, the author alsoput forward its own point, which is basic on the different approach of electronic data.The most import point of this article is that the produce electronic data should be consideringparticularity of this data. Indeed, the multimedia approach is the best way to produce electronic data,because of the standardization and simplification of electronic data. The carrier of electronic isnon-rewritable disc, such as CD-ROM, DVD-ROM, to make sure objectivity of electronic data.Meanwhile, the original carrier of electronic data should be submitted in the presentment, becausewhen challenged, the evidences can be inspection or appraisal at any time by experts. The author hopethat this research of electronic data could be contribute some power for the judicial practice in theproduce electronic data. It is expected that electronic evidence play an important roles toagainst cyber crimes.