Electronic Data Collection And Fixation Of Cybercrime

In the development of Internet technology,our country has made great progress by using the advantage of backwardness.In the mobile Internet,Internet banking,mobile payment and other areas of the world's advanced level.In this way,China has become one of the main targets of cyber criminals.In the fight against cyber crime,the advantages of electronic data is selfevident,but China's electronic data related legislation is still lagging behind,not comprehensive and meticulous.In 2016 issued "on the handling of criminal cases of collecting electronic data extraction and examination regulations"(hereinafter referred to as the "criminal case" provisions for electronic data),judicial departments to regulate the electronic data use has important significance,is a milepost significance of criminal evidence system of our country in the development of events.This paper discusses and studies the theory of electronic data collection and fixed mode of network crime,combined with the current judicial practice in the electronic data collection of fixed challenges,in the face of these challenges we should be how to deal with the legal person.Specifically,this paper is divided into five parts to elaborate the electronic data collection and fixation:The first part is to introduce the related concepts,characteristics and classification of electronic data,and based on the summary of previous experience and the combination of legal provisions,draw some new ideas.The second part is an overview of the electronic data collection and fixed procedures,through the comparison with other traditional evidence collection and fixed procedures,the paper introduces the particularity of electronic data collection and fixation.The third part is through the research of the present situation and development trend of the network crime,and the discussion of the specific way of collecting and fixing the electronic data of the network crime.The fourth part is the combination of judicial practice to determine the current electronic data collection fixed procedures in the fight against cybercrime practice encountered.The fifth part is for the difficulties encountered in the specification of electronic data collection and fixed procedures put forward the corresponding recommendations for improvement.