Study On The Forensics Of Electronic Data In Criminal Procedure

With the rapid development of science and information technology,the network,like a double-edged sword,has brought a convenient way of life,but at the same time,the network crime is gradually increasing.The traditional evidence system is an important tool for convictions and sentencing of criminals.For cyber crime,electronic data is a new member of the evidence system.It has both the commonness with the traditional evidence and its own unique characteristics.Electronic data has an independent legal status after being included in the legal evidence type,but its own fragility,high-tech,instability and other characteristics make it different from the traditional evidence.How to recognize,analyze and meet the problems in the whole process and how to sum up its applicable rules to improve the problem is a question that should be considered.The research on electronic data forensics should not only be based on existing laws and regulations,but also should study,compare and comprehensively consider related documents and works,and then provide opinions and suggestions on the issue of electronic data forensics in Criminal Law.Firstly,the article introduces the basic theory of electronic data in criminal proceedings,including the definition and characteristics of electronic data and the study of the legal positioning of electronic data in China.Then it analyzes the application rules of electronic data forensics,analyzes the concept and characteristics of forensics,the object of forensics,the procedure of forensics and the principle of obtaining evidence,and analyzes the problems in the application of electronic data forensics in the criminal procedure,including the subject of evidence collection,the techniques and standards of forensics and the preservation of electronic data,etc.After comparing the electronic data forensics in the Continental law system and the Anglo American law system,the similarities and differences are summed up,and some revelations to our electronic data forensics are made.Finally,suggestions and feasibility schemes are proposed for the improvement of the subject of evidence collection,the perfection of forensic technology and the standard of forensics,the elimination of illegal electronic data andthe perfection of the system of electronic data preservation.The network and science technology of real life gonna be the trend of the world.Electronic data has become an inseparable part of our life.We should affirm the convenience it brings to our life,realize it and understand him continuously,so as to further promote the development of electronic data forensics in our country.It will continue to renewal the legal system and promote the progress of judicial practice.