On The Collection And Application Of Electronic Data In Duty Crime Investigation

Along with the development of electronic technology,electronic data based on computer and Internet play an important role in the criminal procedure to search for the real situation of the case.In 2012,the new criminal procedure law formally defined "electronic data" as one of the legal evidence.At this point,the electronic evidence finally obtained the legal status in the criminal proceedings.Different from the traditional evidence,electronic evidence is all data formed by electronic digital technology,with objective data to prove the facts of the case,including the static data in electronic form storage or transmission and dynamic data information and its derivatives.Electronic data are intangible,objective and fragile in content,diversified in form,high in technology and repeatable in reproduction.Compared with the traditional evidence collection,electronic data forensics needs to follow the principles of legality,the principle of primitive extraction,the principle of comprehensiveness,the whole process of simultaneous recording and recording and the principle of the same principle of work record.China's legislation and related judicial interpretations on the lack of electronic data forensics process,resulting in judicial practice,investigators in the investigation process often have no way to start.Therefore,it is urgent to establish a set of electronic data forensics process to standardize the investigation of investigators.In crimes in electronic data forensics is mainly extracted from the investigation organ,ordered the third party to provide electronic data,provide electronic data in three ways;the four stage specific forensics process is divided into the scene,sealed,fixed,extraction etc..Evidence of common problems is mainly electronic data extracted from the preliminary investigation to the standard,it is difficult to meet the needs of the main structure of forensic investigation,interference data to extract effective evidence and other issues need to solve.As far as the evidence collection practice of crime cases is concerned,the electronic data plays an important role in the practice of illustrative data information collection and the practice of content data information collection.In order to give full play to the role of electronic data in proving criminal suspects' illegal activities and related crimes,it is necessary to make a distinction between the information involved in the case and the evidence of the verdict.The common use of electronic data,including not only the use of electronic data of mobile phone and other communication devices,also including the use of electronic data in the electronic computer,the use of the Internet,the use of administrative institutions,social institutions and other units of all electronic data,as well as the use of electronic data storage medium.