Electronic Data Researching Evidences

Changes brought about by the information age is unprecedented, it completely changed the traditional way of life, especially the traditional access to information, communication and the exchange of the way. Information storage and rapid development approach also makes evidence perception studies and even evidence legislation faces many challenges. In evidence to the trend of information technology, computer and network based electronic evidence plays an increasingly important role in the process of exposing the facts of the case. This new form of evidence in the form appearing in the practice and theory of evidence law is defined as electronic evidence, or electronic data.Electronic evidence with a new face quietly came to our side. It is not as vivid witnesses, nor evidence that influential. It is more like an illusory specter of law enforcement in many areas of human activity plays an amazing proof effect. Whether it is a new type of e-commerce or government affairs cases, computer crimes, or the traditional tort cases, administrative enforcement cases and labor disputes, etc., are likely to become the arena of electronic evidence to show their talents.However, for a long stagnation of the Evidence Act, until January 1,2013, China began to implement a new "Code of Criminal Procedure," Article 48 provides for eight categories of legal forms of evidence, including electronic data as evidence of a new species fixed, electronic data used in the proceedings will be more extensive, and its effect on the facts of the case prove also growing. People at the time to fully enjoy the convenience brought by modern science and technology, information technology and network technology as a means of high-tech crime crime has cropped up in the financial sector through credit card crime, law and order management using the Internet fraud, gambling, Walking and other aspects of illegal remarks appear high momentum. However, there is still a lack of electronic evidence forensic technology, comprehensive review and Rules of strict legislation and scientific use, which is involved in the judicial bring great confusion in judicial practice. Fully understand and master electronic evidence and forensic technology and electronic evidence review finds that strict legislation can help us better use of electronic evidence in judicial practice, so as to maximize the effectiveness of evidence should be. Electronic evidence exists for the current problems, the author of his own shallow understanding of the problem, analyzed by comparative analysis of the issue and make their own and other small suggestion, hoping to offer their meager evidence for the study of China’s electronics force.This paper is divided into four parts:Part Ⅰ:Overview of electronic evidence. I will come forth from the four parts of electronic evidence, enabling a comprehensive understanding of electronic evidence. First, the concept and characteristics of electronic evidence introduced the concept of comparing different electronic evidence, which put forward their views. Second, the manifestation of electronic evidence. Because the evidence is different from traditional electronic evidence, it has a rich form of expression, through the knowledge of its manifestations for electronic evidence may be sufficient to prepare the appropriate legislation. Third, the distinction between electronic evidence. Through electronic evidence and traditional evidence distinction, especially distinguish audiovisual data, electronic evidence in order to establish an independent status, making the administration of justice can better apply. Four, a full analysis of electronic evidence independent status and role in providing security for electronic evidence theory legislation.Part Ⅱ:General requirements for the collection of electronic evidence. This section describes the author from three parts. First, the main body of the electronic evidence collection. Because electronic evidence has its own particularity, so its collection main body also has special requirements. Secondly, the electronic evidence collection procedures and steps. Electronic evidence as a new independent evidence, its collection processes and procedures on the basis of the evidence on the original tradition will also need to specify. Finally, electronic evidence collection and fixation. Because electronic evidence have easily falsified and original copies indistinguishable characteristics, its collection and fixed on the first exceptionally important, I will elaborate on the contents of which I hope to give some suggestions to bring the relevant legislation.Part Ⅲ：electronic evidence collection methods and techniques. Electronic evidence collection methods and techniques tested the ability of our judicial judicial hearing cases full use of electronic evidence, and only a good grasp and use of relevant methods and techniques to make electronic evidence really play its due role. This section has two aspects:first, the scope of electronic evidence collection techniques, classification and general requirements. Master collection techniques range classification and general requirements are the foundation. Second, electronic evidence forensics methods and techniques used. This part is the key. I will introduce common forensic techniques.Part Ⅳ:electronic evidence review finds. Electronic evidence review finds that the evidence concerning the electronic core of the legislation, I will elaborate three aspects. First of all, the law of electronic evidence review and identified requirements. The part of the author will be fully described in the current legislation related to the content of electronic evidence. Secondly, the electronic evidence review finds that the existing problems. By the first part of the elaborate, indicating a serious problem in our country now electronic evidence review finds that exist. Finally, electronic evidence review finds laws. In this section, I will explain his own electronic evidence review finds problems with understanding, and give some of their own ideas, hoping to advance to modest legislation on electronic evidence.