Electronic Data Evidence And Certification Of The Procuratorial Practice

in this paper,based on the procuratorial organs duty crime investigation,ordinary criminal cases in the process of examination and prosecution shall be the actual situation of electronic data evidence,certification,etc,combined with the actual case,analyze the existed problems in the work,at the same time,draw lessons from foreign electronic data definition and relevant experience of judicial practice and theory,evidence around the authenticity,legitimacy and relevant Suggestions to consummate the procuratorial organs work of countermeasures,such as electronic data evidence,certification in order to achieve the result of the topic.This article is divided into four parts,the first part from the relevant knowledge of electronic data,and compare different schools,domestic experts and scholars on the definition of electronic data evidence and understanding,a clear difference between the electronic data and electronic evidence,evidence pointed out that the electronic data in a particular form,easy to loss,easy to modify,renewable and other characteristics.Based on this,puts forward the electronic data evidence without damage,avoid direct use of original evidence,records do operation and forensics main four aspects,the main principle of qualified for electronic data in the current judicial practice of authenticity,legitimacy and relevance of the relevant provisions.The second part is the relevant experience of foreign electronic data evidence and theory research,and Anglo-American law system countries best evidence rule,verification rules,hearsay rules to solve the judicial practice of the electronic data is analyzed.Uniform electronic evidence act is mainly studied in Canada about the definition of electronic data evidence,evidence and certification of the above three kinds of traditional rules of breakthrough,the law in order to "electronic records system integrity" standard "original" instead of electronic data requirements and presumption of electronic records system integrity verification rules such as legislative concept,justice has important significance to our country.The third part is the procuratorial practice used in analysis of the status quo and existing problems of electronic data evidence.Combined with actual example this paper introduces the current procuratorial organs in criminal action to obtain evidence of the electronic data of ways and the problems existing in the forensics work,according to the different classification,can be summarized as traditional forensics and professional obtains evidence,laboratory and field)(remote network forensics,independent obtains evidence and the third party to assist in several ways.Introduces the procuratorial organs,judicial authentication institutions and personnel in guangxi for the current procuratorial organ judicial authentication work problems are analyzed;That should be paid attention to transfer electronic data evidence was introduced before fixed the original medium,fixed electronic data record and perfect the relevant legal documents and operation process,whether from the electronic data can be intuitive cognition by people how two aspects introduced the procuratorial organs through electronic data for the conversion of electronic data proof;This paper introduces the current procuratorial organs around the authenticity,legitimacy of evidence and relevance to specific rules of electronic data authentication;This paper introduces the current status of procuratorial organs electronic data evidence play function,points out the mainly in the electronic data found clues,breakthrough for and guide the trial,find out the direction,confirm auxiliary investigation of the role of other evidence,in the case,conviction penalty key evidence of the role of failed to get a good play;The existing problems and their causes are analyzed.The fourth part is the core of this article,the procuratorial organ the perfection of electronic data evidence,certification work.To facilitate the practice of the processing of electronic data evidence,proof,certification,can according to the known intuitive cognition could be divided into direct evidence and electronic data evidence of evidence,direct evidence can be directly through into documentary evidence,audio-visual materials,and other forms of traditional evidence by cognitive,unintuitive evidence is the use of a computer system log files,and network access records cannot be known intuitive cognition,need to be presented further decipher,inference and evaluation.On this basis,put forward the perfect electronic data evidence,certification,and the function of some ideas.Electronic data evidence,standardization of electronic data forensics model is put forward,according to different situations to forensic laboratory,field forensics,remote network forensics,the third party to assist in forensics forensics different ways,such as,pointed out that the electronic data forensics subject eligibility and procedures legal requirements,and from the authenticity of electronic data and electronic data linked to with the fact that two aspects proposed identification solution.Electronic data authentication,first pointed out that the electronic data authentication need to provide a review of materials,including the original storage medium,obtain the electronic data and related legal documents and evidence list,etc.Secondly,put forward the authenticity,legality,relevance of electronic data evidence review identified solution.Including the authenticity of evidence can be through the integrity and reproducibility of censorship,mainly through the legitimacy of evidence evidence whether children and to determine whether the forensics process specification,mainly through the correlation of the evidence "human-machine-data-behavior" relationship chain.Also,on how to carry out electronic data package and illegal evidence exclusion are expounded.Electronic data play function,put forward from the aspects of investigation and technology of organic integration,give play to the role of electronic data evidence in case analysis method is proposed to the electronic data auxiliary solution of investigating crimes by taking advantage of duty.