Study On The Legality Of Electronic Evidence In Cyber Crime In China

With the extensive application of the Internet,modern electronic devices and communication technologies have greatly facilitated people’s lives,but at the same time,the number of cybercrime cases has been increasing year by year.The examination of electronic evidence has been identified as the key to cracking down on cybercrime.In the investigation and evidence collection of cybercrime cases,due to the lack of professional and technical expertise of the general investigators and the irregularities in the process of evidence collection,the majority of cases have been subject to procrastination,lack of comprehensiveness and irregular procedures.In the practice of cybercrime review and judgment,Investigators lack of evidence,the standard of illegal electronic evidence is not clear,examine and judge professional limitations,review and judgment of the limitations of the situation,leading to the cybercrime electronic evidence of the legitimacy of the review and determination become a difficult point.Based on the particularity of cybercrime,this essay analyzes the legitimacy of e-evidence in cybercrime from the perspective of the legitimacy of cybercrime and discusses how to define e-evidence in criminal activities.According to the characteristics of electronic evidence to review and judge,and then to improve the legal review of cybercrime electronic evidence to make recommendations.The purpose of this study is not to conduct creative legislation,but to summarize the problems encountered in judicial practice according to the provisions of the existing procedural law,and to apply the evidence theory and litigation theory to put forward feasible suggestions.