Research On Electronic Data Search Procedure

Since the 2012 electronic data written in the Criminal Procedure Law,China has introduced a number of electronic data related provisions.Electronic data has the characteristics of massive nature of stored contents,variability of form,perceivability of change,difficulty of direct perception of content,and so on.Compared with traditional evidence,electronic information search procedure is more complicated,not only to face new Of the legal issues,but also faced with great challenges in practice.The electronic data search procedure referred to in this paper explores its principles,subjects,scope,implementation and relief in a broad sense.The first part of introduction mainly from the concept,characteristics and status quo of electronic data search for,through electronic data search procedure legislation practice of the status quo at home and abroad,the brief analysis of the existing problems and the purpose of this study and significance.The second part is about the principle of electronic data search procedures,through the understanding of domestic and foreign legislation and research status at home and abroad,combined with the principle of traditional search and investigation work,in this paper,the idea of the principle of special electronic data searches,including the proportion principle,the principle of nondestructive forensics,timeliness principle;The third part is about the body of the electronic data search process,combining with the legislative status quo at home and abroad,discussed in the main body of traditional search to search the corresponding electronic data should be improved,mainly includes the investigation personnel of professional and technical level of ascension,to set up the professional electronic data search team,the introduction of the third party technical assistance;The fourth part is about the scope of the electronic data search procedure,combined with the research status at home and abroad,mainly analyzes the search space range should be how to restrict the electronic data,such as the electronic data on the static and dynamic search of electronic data differently;The fifth part is about the electronic data to search the execution of the program,combined with the legislative status quo at home and abroad and the problems existing in the traditional search performed in our country,analyzed the electronic data preparation work before the execution of the search,and ideas to perfect the execution of the process;The sixth part is about the electronic data to search the relief program,combined with the legislative research status at home and abroad,analyses problems in the current electronic data search relief and improving ideas,such as to review the legality of electronic data search,etc.