Standardized Research On Electronic Evidence Collection By Procuratorial Organs

In our country, with the rapid popularization and related electronic products, the Internet technology advances, computers, mobile phones and other electronic products are widely used in various fields of society, has become indispensable to people’s life and work of this age is an important tool, short message, email, QQ has replaced traditional way of communication, gradually become an important way of people’s communication, these changes enriches our lives, but we also realized that at the same time, with the development of the society and the progress of science and technology, is the retrofit related crimes, crime is more and more tend to be more technical, electronic evidence as the product of the new century, to prove the case facts, provides a more crucial evidence, criterions for the conviction in breakthrough position crime play an increasingly important role, it appears to the existing system of evidence has made an impact and even the whole legal system.Electronic evidence has been in the legal practice, in 2013 officially "electronic data" rules for the kind of legal evidence, so it is important to electronic evidence forensics and standardization of procuratorial organ in-depth discussion and research. On the legislation of electronic evidence as a new thing, has the vulnerability, concealment, diversity and high technological, quickness and other significant characteristics, these characteristics compared with traditional evidence difference is bigger, and not easy to grasp, electronic evidence forensics standardization problem is a difficulty of procuratorial organs at present, many countries abroad through legislation on electronic evidence forensics are made specific provision, the procuratorial organs in China electronic evidence forensics work is still in its infancy, the relevant laws, regulations, only scattered distribution in other laws and regulations, failure to form a good system of legal system, the judicial practice process still lack the necessary theoretical support, prosecutors how to make full use of the electronic evidence under the new situation to strengthen ability construction, effectively curb and cracking down on all kinds of duty crime, has become an important topic of the current procuratorial work.In view of this, this article from the four most of the standardization of the electronic evidence forensics problem of procuratorial organ, summarizes the current procuratorial organs of the electronic evidence forensics principle and main way, pointed out that in the investigation in the crime of some prominent problems, illustrates the standardization of the urgency of the electronic evidence forensics.The first part, mainly studies the basic theory of electronic evidence, through the study of the theory of the concept of electronic evidence, the electronic evidence forensics in the aspect of theory has a clear positioning, compared with traditional evidence of electronic evidence, sums up the characteristics of electronic evidence, and then studies the actual state of legislation in the electronic evidence forensics, and effectively based on the investigation to the foreign legislation for reference, enables investigators in practice, there are laws to solve the development of science and technology bring new legal problems.The second part, the author based on practical experience in the procuratorial organs work, think seriously about summarized about the basic principle of the electronic evidence forensics, general and detailed discusses the electronic evidence forensics complex ways.The third part, the author mainly the present situation of the procuratorial organs electronic evidence forensics is analyzed, an overview of the procuratorial organ, the necessity of electronic evidence forensics analysis concrete application of electronic evidence in procuratorial work practice, summed up the procuratorial organs in our country, the problems existing in the electronic evidence forensics main body strength is weak, lack of system construction, forensics, lack of professional and technical personnel, inadequate technical equipment, the main body of evidence, procedure and means illegal, conflicts and protect citizens’ right of privacy and other issues, the author hope that through these questions can improve the procuratorial organs to perfect the legislation of electronic evidence and standardize the practical importance of the operation, it is not only the need of judicial practice, also is the inevitable developing trend of evidence system.The fourth part, the author on how to regulate the electronic evidence forensics puts forward several opinions, first of all, to perfect the system of electronic evidence in our country. Second we need to change the pattern of investigation evidence collection, and improve the investigative forensics technology content. Once again, we must strengthen the forensics personnel training, improve professional level of evidence. Then the application of the electronic evidence forensics, the main body, strictly regulate institutional aspect. Finally, in the process of the electronic evidence forensics to strengthen the protection of human rights involved and the investigators and the protection of the electronic evidence itself. The author in view of the procuratorial organs put forward the personal opinion electronic evidence forensics standardization direction, electronic evidence forensics is a technology program is more complex legal behavior, through to the procuratorial organ electronic evidence forensics standardization issues related to study, hope can deepen forensic the understanding and the understanding of problems of electronic evidence theory, and in the process of forensics to legal, the laws.In this paper, research methods, from the analysis of the existing theory point of view, find the problems existing in the electronic evidence forensics in the judicial practice, and then carry out specific analysis of the electronic evidence forensics standardization problems, after the analysis conclusion, applying theory to the practice of handling the case, to guide practice, the research content is more intuitive and operability.