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On The Virtual Space Of Crime Scene Investigation Legal Regulations

Posted on:2017-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:X WanFull Text:PDF
GTID:2336330485997982Subject:Investigation
Abstract/Summary:PDF Full Text Request
Responsibilities of the investigating authorities that the fight against crime and maintaining good social order and thus provide good support for the socio-economic development. Type of crime has gone through a transition to modern crime patterns from traditional crimes, crimes mainly refers to the traditional small geographic mobility mainly theft crime category of robbery against the person, property cases, such cases generally occur in the case to have a greater impact on the people, but was limited to the transmission of information is difficult to have a dramatic impact limited in a larger spatial extent. From criminal means such cases, it is also the more traditional means of criminal tools knives, guns, sticks, etc., are generally direct physical threat to the victim or harm then reach achieve robbery, robbery, rape and other crimes the goal of. Under the new technical conditions due to the development of information technology, criminal suspects tool that can be used that has spread from the traditional geographical space is not specific to the crowd. With the continuous development of the technical conditions to accelerate our country into the information society. According to China Internet Network Information released information indicating that as of the end of 2014 China's Internet penetration rate of 47.9%, from this data, the information society has slowly become a reality. And some scholars have been empirical studies confirm a 1% increase Internet penetration rate would result in a criminal offense rate rose 0.38%. Therefore we can say in our information-based process, with the increase in number of Internet users, the information in the form of crime in our country has become increasingly serious. Data from relevant departments of the display unit is information in telecommunications fraud a crime to the people to bring direct economic losses as high as 10 billion yuan. The information technology crime investigation authorities have broken the pattern of the original investigation, the investigating authorities need to respond to the detection of the environment and in the past also there are many variations. Therefore, in how to ensure that new forms of crime evidence collected during the criminal investigation authorities are better able to fight on the court with a problem is worth considering, but we should also recognize that the fight against crime should be to pay attention to human rights protection. It should be noted in the legislative embodiment of Criminal Procedure will be able to clearly feel the development of information technology to shape the evidence brought by the adjustment, not only on the type of evidence the legislature added a new type of evidence, but also to new evidence of the form of an open attitude. Therefore, from the investigating authorities in terms of adapting to new investigative techniques, evidence should pay more attention to the use of forms and means of evidence. Investigating authorities and the use of evidence obtained, in particular means of evidence should be legalized under the information age to allow evidence to support the facts of the case, prompting the smooth progress of the case investigation.Increased use of information technology for the development of a new crime, more and more prominent contradictions, not only to improve the investigative measures to deal with crime nowadays changing circumstances, and thus comprehensive and effective combating crime; on the other hand also to strengthen under the new situation specification and supervision of investigative measures to restore legal procedures under the premise of making the facts of the case. Based on this paper mainly discusses three aspects: First, the concept of crime scene investigation in the virtual space, discussion around the concept to a better understanding of the basic theory of virtual space scene investigation related to the follow-up studies that provide a theoretical basis; the second is the main problem of the investigating authorities in the current virtual space exists in crime scene investigation were discussed, the problems are mainly the lack of legal regulation of the process of exploration, survey evidence is weak staff awareness, survey evidence is difficult to reach the court in terms of power requirements, etc; Third, for the needs of the present stage the fight against crime and crime exists in virtual space exploration of the issues raised in the virtual space to the need to improve the crime scene investigation, because the regulatory right of investigation, protection of human rights, to improve aspects of the investigation stage of the ability to obtain evidence; Fourth, from the three aspects of how to achieve the virtual space of crime scene investigation regulation, there is a physical, procedural admissibility of evidence on and through the investigation right on Substantive and procedural Regulation can authorized while the investigation authorities at the scene during the exploration of the specific process control, while admissibility as evidence in the process of investigating authorities in the virtual space as a result of crime examination and judgment in order to effectively focus on the legality of the virtual space of the crime scene investigation.
Keywords/Search Tags:virtual space, a virtual space crime, Scene Investigation, legal regulation, evidence
PDF Full Text Request
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