On Perfection Of The Legislation Of Electronic Evidence Forensic

In the trend of the rapid development of electronic information technology, electronic evidence forensics on the case becomes more and more important. Breakthrough to emerge in an endless stream, especially the new crime, combined with the high-tech more closely, so that almost every case involving electronic evidence. An important prerequisite for taking electronic evidence as evidence, cross examination, authentication, affects the electronic evidence plays a role in the review of the case size, so the legality of forensics process, whether the contents of comprehensive forensics is directly related to the detection of subsequent cases, is a key part of the whole process of lawsuit.However, compared to the rapid development of innovation in the extraterritorial aspects of electronic evidence forensics, China is still in the initial stage of exploration. The legislation lag and imperfect, which makes the practice of our country electronic forensics judicial faces many problems, how to promote the rapid development of China’s electronic forensics work norms, improve the cognition and recognition of electronic evidence, increase the application of electronic evidence at the same time, reduce or avoid the electronic evidence forensics damage to the rights of citizens, are we to explore the.The perfection of legislation of electronic evidence forensics is the smooth implementation of the basic premise to carry out. There is no single status of evidence law in our country, electronic evidence legislation in electronic evidence to consider different aspects of non-criminal cases and other cases of private prosecution of class, experience and practice to fully absorb the specification at present each order of legal norms and the relevant departments issued the standard, reference to international advanced experience, considering its own characteristics, and then formulate unified the direction of the construction of rule of law legal norms of modern justice rules of China and socialist. Electronic evidence is a new type of evidence law and computer, across two professional, to collect evidence of personnel requirements higher, more stringent requirements on the forensics process etc.. The present judicial situation in our country at present, criminal case facing resource electronic forensics personnel and equipment deficiencies, departments or units between the lack of effective communication and coordination mechanism, the investigation department understanding of electronic evidence is not enough, forensics process is not standard and so on, non-criminal case is facing the society of third party electronic forensics agencies seriously scarce, evidence of the results found no legal basis, evidence of a single way etc, all these need to be considered and perfection of legislation.In short, electronic evidence legislation perfection has a long way to go, is a long-term and arduous work. The process of the legislation should be closely around the characteristics of electronic evidence, at the basic of legal norms, in judicial practice as reference, to the international advanced experience for reference, so that the electronic evidence legislation can meet the demand of our country current situation and long-term development direction, to construct a Chinese characteristics of electronic evidence legislation system.