The Theory Of Criminal Investigation In The Electronic Data Extraction And Fixed

With the rapid development of the Internet,especially in the process of economic and social informatization construction of our country's national full speed,the basic network information system,the increasing role of global,China is facing a severe form of complex network security.The network is virtual,invisible,which stores touched,and large amounts of data transport are in electronic form,so it is inevitable in the investigation of a large number of criminal cases in the transfer of a large number of electronic data.China's revised criminal procedure law in 2012,the "electronic data" as an independent evidence into the types of legal evidence,which provides a strong support for the extraction of electronic data in criminal investigation.This paper is divided into four parts.The first part is the overview and classification of electronic data,mainly introduces and summarizes the connotation and denotation of the concept of electronic data.The second part discusses the collection model of electronic data.Through the analysis of the academic circles on the evidence model,combined with China's judicial practice,the author discusses the more reasonable evidence model.The third part focuses on the methods of electronic data collection,which is the focus of this paper.Electronic data collection in the criminal cases investigation should not only make full use of traditional means of detection,but to use the different with the traditional evidence of a new means of forensic investigation.Traditional forensics tools mainly include search,crime scene investigation,direct electronic data to be obtained,a new type of collection methods mainly include electronic data an inquest,extraction of online monitoring network monitoring and other measures.The fourth part is to keep fixed means of electronic data collection after analysis.General evidence of its storage process is relatively simple,seal,seal to ensure no physical change.However,electronic data has the characteristics of virtuality,invisibility and changeability,which makes it very important to maintain the electronic data.So,the fixation of electronic data has its own unique fixation methods besides the general evidence.Fixed method in this paper,we discuss several main electronic data,such as seizure,sealed the original electronic data storage medium and electronic data backup and freeze the electronic data,electronic data integrity checking calculation,taking pictures,print,video,etc.methods for the above several fixeations,freeze electronic data and integrity checking calculation are relatively novel fixed evidence in criminal investigation method,so this paper will focus on these two fixed way application situation,application methods,as well as the problems encountered in practice.