Empirical Investigation On Electronic Evidence In The Internet Age

In the internet age, the electronic data information with various forms and tremendous number is full of our life. Many evidences with electronic information form appear in more and more criminal cases. Since the official implementation of code of criminal procedure that makes electronic data as the legal evidence in 2013, electronic data evidence appears in the various criminal cases more frequently. However, the wide range of electronic data application in juridical practice forms a strong contrast to the standard degree of its application. Some problems like confused electronic data definition, that obtaining evidence violates legal regulation, useless quality certificate link, and that authentication link is hard to conduct reasonable evaluation on the evidence capability and probative power, have to be settled urgently. Original selection of internet evidence and the internet characteristics lead to the superficial research on some special natures of evidence, such as objectivity, relevance and legitimacy. This essay starts with the typical case-crime of destroying computer information system in internet crime, reorganizes the judgment documents of this crime, studies the application and dilemma of internet electronic data in juridical practice with the empirical research method of case statistics and proposes some solutions and suggestion.