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Electronic Data Justice Research

Posted on:2015-05-21Degree:MasterType:Thesis
Country:ChinaCandidate:H ZhuFull Text:PDF
GTID:2296330467477312Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Today with the continuous development of technology, the Internet has become a part of our daily lives and business dealings, gradually penetrated into all areas of people’s lives. At the same time, the ensuing high-tech crime is also increasing, crime is no longer limited to the ordinary form of the pattern, and gradually developed into a highly technical, highly specialized network of crime patterns. So, in judicial practice, how to collect evidence and use of electronic data in cyber crime, the main problem is that the judiciary is now facing. Since the amendments of2012promulgated a new " Code of Criminal Procedure," the kind of evidence, the electronic data was officially included in the law, which for our country’s legal system is an important advance for the judicial practice of electronic data use provides a good legal environment. However, because of the relative legislation is not perfect for this type of evidence, in practice the judiciary in each specific operation but also the lack of detailed regulations, so the study of electronic data, is needed to judicial practice, but also evidence of institutional development the inevitable trend. This article focuses on issues surrounding the use of electronic data in judicial practice are discussed, the first electronic data for the overall discussion, for its own definition and classification of attribution expounded his views, followed by electronic data collection, shown, cross-examination, preservation were analyzed in detail for the public security organs, procuratorial organs, the courts and network communications services to third parties on how to make good use of electronic data issues analyzed in detail, and finally to relief mechanism for electronic data put forward their own proposals in the hope of electronic data Research helpful.
Keywords/Search Tags:Electronic Data, evidence collection, evidence presented, networks notary
PDF Full Text Request
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