On The Improvement Of Electronic Evidence Collection System Of Cybercrime In China

With the rapid popularization of Internet technology and related network applications,the network environment has great influence on the transformation of society and people's way of life,meanwhile,at the same time.With the use of the network of high-speed and fast-speed intelligent communication and sharing,the network crime in our country continues to grow and grow.It has become a serious threat to our country's market economy order,and the criminal law theory and judicial practice are faced with a greater challenge.Network criminal electronic evidence in essence belongs to a type of electronic evidence,understand the network criminal electronic evidence to first have an accurate grasp of electronic evidence concept.Because our country in 2013 on the implementation of the new "criminal procedural law" to be explicitly defined the connotation of "electronic evidence",as a result,China's current understanding of the connotation of the electronic evidence is different.The first part,the author first introduces the concept of network criminal electronic evidence,clear the definition of network criminal electronic evidence and legal position,through the network criminal electronic evidence compared with traditional evidence,this paper expounds the digital of network criminal electronic evidence,vulnerable to destructive,objectivity,diversity,and network in our country criminal electronic evidence forensics and the relevant provisions of the relevant legal documents.Based on the public security organs to handle network gambling crimes as the breakthrough point,the paper in the process of working practice on the main difficulties and problems of network criminal electronic evidence forensics,such as network criminal electronic evidence forensics practice difficult,lack of laws and regulations,lack of systematic program guide,lack of professional and technical personnel,etc.By collecting a large number of foreign laws and regulations,part of the continental law system countries,some countries of Anglo-American law system in legislation of electronic evidence forensics and the convention on cybercrime legislation to make a simple introduction,and through the contrast and study,discovered can be used for reference in the electronic evidence forensics legislation in our country draw lessons from the goods.Finally the author based on the work of judicial organs in our country actual,in establishing the network criminal electronic evidence forensics principle,standardize the procedures of related evidence,evidence collection subject range and so on,further standardize to perfect our criminal electronic evidence network forensics.For effective against an increasing number of network crime provides legal protection.