Basic Issues On Chain Of Custody Of Criminal Electronic Evidence

As one of the new types of statutory litigation evidence,electronic evidence is recognized must also be true and complete in court,which is no different from traditional evidence.Electronic evidence is easy to be damaged and modified.In the process of digital forensics,the integrity of electronic evidence must be too protected,and chain of custody of electronic evidence must be kept.Electronic data forensics is a complicated process.Each forensic stage experienced by electronic evidence will form a supervisory chain corresponding to this stage.When collecting evidence,it is necessary to record information related to these electronic evidence,including the contact person,the time,the place,the way,etc.,so as to build a complete set of electronic chain of custody.At the same time,it is necessary to strengthen the use of digital fingerprint technology,biometric identification technology,timestamp technology,GPS positioning technology,asymmetric encryption technology and other science and technology to improve the record of this information to effectively prove that electronic evidence have no changed before it appears in the court.In addition to the introduction,the thesis divides into three parts: the definition of the concept of criminal electronic evidence supervision chain,the legal status,the practice of foreign reference,and the monitoring of how to form several basic problems.As follows:The first part is the basic theory of electronic chain of custody.This thesis analyzes the relationship between the evidence chain,the audit information and the auxiliary evidence,analyzes the necessity of establishing the electronic chain of custody and the litigation value of the criminal electronic chain of custody in the judicial practice.The second part is the practice view of the criminal evidence supervision chain and the existing problems.Through the actual case analysis,the existing problems of the criminal electronic evidence supervision chain are analyzed,including the formation of the subject,the technology and the implementation.The last part explores several important problems in the construction of criminal electronic chain of custody system,namely,the main problems of the chain of custody,the main technical problems involved,the content of the supervision chain information at all stages of the criminal electronic evidence and other needs.In the process of collecting evidence,each stage will form a chain of supervision,they can be combined together toform a more complete supervision of the chain,in the search for the formation of electronic chain of custody can also be used as a reference.