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The Improvement Of Electronic Evidence Forensics System Of Criminal Procedure In China

Posted on:2016-01-16Degree:MasterType:Thesis
Country:ChinaCandidate:X LaiFull Text:PDF
GTID:2296330482469095Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the spread of the Internet and mobile communication’s universal application, make the number of electronic information produced by all kinds of equipment has been significant growth. According to international data corporation (IDC)’s research report that in 2014 China’s electronic information data amount up to 909 exabytes (equivalent to 900 million’s 1 gb hard disk storage capacity). In real life, the use of computer、Internet and mobile communications by Criminals to engage in illegal and criminal activities number grows rapidly, more and more electronic equipment and data information has involved in it. In judicial practice, some electronic data play a key or conclusive role in the case investigation、ascertaining the facts and Investigate illegal crime. With the different from traditional legal evidence, electronic evidence also presents some special properties:such as high technology content, several kinds of presentation、data information are easy to be tampered, In the existing legislation on electronic evidence and the system construction lags behind the social development and the judicial practice, There are missing or incomplete in the connotation of the electronic evidence、obtains evidence technical standards and forensics program specifications etc.In addition to the introduction, this paper is divided into four parts. The first part is the electronic evidence and the basic definition of electronic evidence forensics. Electronic evidence to arise through electronic information technology and with the aid of certain equipment, it is a kind of data information, and can carry on the proof and reflect to the real situation is relevant to the, with high technological, style diversity, and vulnerability, etc. The electronic evidence forensics is refers to the evidence such as the main body, judicial organs, the judicial authentication institutions in litigation activity using computer technology and the knowledge of law, using a certain technology to ensure completeness and the legitimacy of evidence at the same time, the relevant electronic evidence identification process, extraction, fixed and saved. Electronic evidence forensics involves data recovery, data capture and data mining technology. The second part is about the main problems of electronic evidence forensics practice analysis. On the legislation relatively lags behind, not a single line of evidence law in China, involving the relevant regulations of the electronic evidence sporadically appear in the part of the laws and regulations, judicial interpretation and administrative regulations. Forensics procedure is not standard, each department regulations applicable scope is different, caused in the practice of forensic there exist deviations in understanding the main body of electronic evidence. Forensics technology is relatively backward, foreign related software and equipment are often expensive, and the less forensics software with independent intellectual property rights. Evidence standard, our country there is no special organization or institution to investigate the legality of related tools software, extraction and recovery of electronic evidence for lack of judgment standard. The third part carries on the comparison to foreign electronic evidence forensics system and using for reference. Continental law system countries focuses on investigation and research in Germany, France, Japan electronic evidence forensics system, Anglo-American law system countries is given priority to with the United States and Canada electronic evidence forensics system research, highlight the convention on cybercrime in a convention on the international law concerning electronic evidence forensics. Through the comparison and reference to foreign legislation on electronic evidence, evidence collection measures, obtains evidence rules, procedures and the relevant provisions of the evidence rules, a clear train of thought of perfecting our country’s system of electronic evidence. The fourth part puts forward to perfect our criminal lawsuit system of electronic evidence opinion and the suggestion. In appropriate on legislation of electronic evidence broadly defined the connotation of the use of modern information technology, in electronic form, can prove the fact of the case data information. In the evidence rules of the subject, can set up electronic evidence forensics qualification certification system, perfect the electronic evidence forensics personnel training mechanism, establish a mechanism for the electronic technical experts to assist. In forensics, in principle, can be appropriately increased properly kept principle, objective comprehensive gathering evidence principle, the principle of human rights protection and writ principle. Will be available on the forensics measures, the relevant provisions of the data recovery, network data capture technologies such as supplement traditional forensics, and draw lessons from the civil law countries and the European convention on cybercrime on electronic evidence forensics measures to make specific provisions. On the evidence rules, formulate an inquest and search rules of electronic evidence, electronic evidence collected, fixed and security rules, rules of electronic evidence as original. In the forensic standards, the relevant organizations and agencies can introduce more technical standards, standardize forensic behavior, To further revise and improve the standards which has been published and exist duplication or errors.
Keywords/Search Tags:Electronic evidence, Forensics system, Forensics principle, Rules of evidence
PDF Full Text Request
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