The Application Of Electronic Evidence In Criminal Inverstigation Rsearch

Computer science and technology and the rapid development of mobile communication, has quietly changing our life and work, a large number of electronic storage, chat, E-mail, letter, QQ has deep into our life, such as high-tech crime quantity increase gradually, then crime field from real space into a virtual space, a variety of complex crime types.to collection and preservation of electronic evidence, the judicial trial in identification of electronic evidence on how to correctly and that there is a pressing need, litigation activities also inevitably involve the electronic evidence.Earlier abroad about the research origin of electronic evidence in our country, basic has formed relatively mature system, legislation also compared our country better.Due to the tremendous increase of new type of crime, with high and new technology from the traditional way to solve the rising number of crime investigation, technology make people’s work efficiency greatly improved, changing our way of life, but also to the legal research puts forward a new research topic in the field of justice.Now a lot of traditional criminal activities to change the method, using the Internet to the implementation of criminal activity, such as damage by illegal means to invade computer core, the use of network to implement fraud, use of network spread pornographic and so on.In the face of such a new type of crime, the investigation organ in the investigation stage how The criminal procedure law in our country has established the legal status of electronic evidence as an independent evidence types, some issues on audit judgment evidence for the death penalty cases handled by the provisions of regulations about the main content of the classification of evidence examination, including the review also mentioned that, but rules simplification, unfavorable to practice department operation.Electronic evidence has its own characteristics, from the traditional evidence in electronic evidence collection, preservation, review and natural rules is different from traditional evidence, the investigation organ to practice how to better use of electronic evidence put forward new requirements.Electronic evidence problems nowadays has become the electronic commerce, the computer network crime, etc., the major questions that were involved in criminal justice, so further study of the collection of electronic evidence preservation, examining present rules, the reconstruction system of electronic evidence in our country, for the determination of investigation organ in our country’s judicial practice investigation direction, the judicial examination and prosecution and trial personnel examination of electronic evidence, prove the aspect has the very vital significance.This paper studies the four parts: the first part is an overview of the electronic evidence, the purpose is to clear the concept and characteristics of electronic evidence, as well as the clear electronic evidence legal dispute, and theoretical basis for the later research.The second part, respectively from the angles of foreign and domestic analysis about the application of electronic evidence in criminal investigation.A simple introduction of foreign countries to the United Kingdom, the United States as the mainstream of the Anglo-American law system countries and continental law system countries, especially France, Germany, Italy, and analyze the application of electronic evidence in criminal investigation in China.The third part carries on the second part, mainly analyzes the electronic evidence in our country criminal investigation problems existing in the use of, respectively, to collect, preserve, and review three links as the key point, and because the consequences of wrong detection method and its effects were analyzed.The fourth part in view of the electronic evidence, and the problems faced in the criminal investigation using reasonable countermeasures and Suggestions are put forward.