Research On Victims' Sample Sampling In Internet Crime

As a derivative of the development of computer networks,Internet crimes use network security risks to implement theft,fraud,illegal acquisition of computer information system data,and infringement of citizens' personal privacy.the black industry chain is increasingly destructive and harmful.However,Internet crimes are difficult to find,difficult to obtain,and difficult to identify.In particular,the victim's statement cannot be obtained because of the large number of people involved in the case,or because he was not willing to testify because of previous bad behaviors,or because of negligence in identifying or obscene reporting.Complete evidence collection.Sampling forensics,as a new method of obtaining evidence and proving the facts of a case,is the basis of judicial personnel's free evaluation of evidence.It can be solved the problem of evidence collection and the facts of the case.It does not reduce the actual and sufficient proof standard of criminal evidence,and it also helps to improve the chain structure of evidence.Taking sampling evidence is in line with the current criminal policy needs to combat Internet crime,improve judicial efficiency,and achieve judicial justice.In view of the field of physical evidence identification in judicial practice,especially in the categories of crimes such as intellectual property rights and drugs,there is a clear stipulation on the sampling identification of physical evidence,and there is no clear normative basis for the characterization and operation of sampling evidence for electronic data and verbal evidence.It is necessary to discuss how the victim statement in cyber crime can improve the evidence collection and proof by sampling evidence,define its nature and then explore the specific methods of standardizing operation.From the point of view of the construction of the Internet crime evidence system,it is necessary to deconstruct the choice of sampling and sampling methods for victims.This may be the greatest value of this article.The first and second parts of the text start from the current situation of evidence collection in cyber crime,analyze the victim's statement of the infeasibility of universal evidence collection and the necessity of evidence collection.The third part discusses the nature of sampling evidence and the relationship with judicial presumption and free evaluation of evidence,demonstrating the legitimacy,rationality and feasibility of sampling evidence.The fourth part,according to statistics,demonstrates that the premise of applying sampling evidence should be the truth of basic data and homogeneity of samples.Further clarify the sampling process,proposed to build a victim statement sampling forensics mechanism for the victim statement sampling to provide specific guidance for the implementation of the victim statement,to help judicial personnel to form inner conviction,the application of judicial presumption.The first step is to extract the victim information database;the second step is to determine the victim sample database by sampling;the third step is to ask the victim of the sample database for evidence;the fourth step is to calculate and analyze the data to determine the nature.Selection of evidence samples can be done by simple random sampling and type sampling by investigators.The way of evidence collection can be carried out in different ways and in various ways.When applying,we should pay attention to the scientificity of sampling method selection,the standardization of sampling procedure and the rationality of sampling sample,allow unfavorable parties to raise counterevidence and control statistical error.The fifth part puts forward corresponding legislative proposals.