Research On Electronic Evidence In Financial Crimes

The rapid development of social economy has promoted the continuous advancement of science and technology.Human society is closely integrated with computer and Internet technologies,and its influence can be compared with other social activities of human beings.The financial industry has developed to a new height with the support of science and technology.Third-party payment platforms have sprung up.The financial institutions' business methods have rapidly developed a variety of online financial services,and have grown dramatically in recent years.This new model While bringing convenience to the society,it also attracts a large number of lawless elements to integrate traditional financial crimes with science and technology and use technology to implement crimes.Therefore,financial crimes have increasingly become a cancer in society.In the new era,the position of electronic evidence in criminal proceedings is becoming more and more important,especially in the increasingly high-risk financial crimes,the evidence related to computer and Internet technology is numerous.In this context,China's three major procedural laws have successively used electronic evidence as an independent type of evidence.Not only that,but electronic evidence is the momentum of the "king of evidence" in the new era.Whether it is traditional financial crimes with high-tech means,or pure Internet financial crimes,they are more professional,extensive and concealed.Many criminal acts leave a lot of electronic evidence.The discovery of these electronic evidences reveals The truth of criminal facts,punishing criminals and maintaining social order play an extremely important role.In the legislation of electronic evidence,whether it is the civil law system or the Anglo-American legal system,developed countries such as Europe and the United States have already enacted relevant legislation,including evidence collection,preservation and certification of electronic evidence.In contrast,although China's legislation on electronic evidence is steadily advancing,it is still not perfect as a whole,and the content of the regulations is scattered and unsystematic.This also poses challenges to the legislation and judicial practice of electronic evidence inChina.Criminal electronic evidence is indispensable for combating financial crimes,especially Internet financial crimes.The electronic evidence discussed in this paper refers specifically to criminal electronic evidence.So how to effectively collect and use electronic evidence in financial crimes? This requires the combination of the characteristics and background of financial crime itself based on the knowledge of electronic evidence,and the theoretical and practical research on electronic evidence under financial crime from the perspective of the combination of technology and law.The research content of this paper is mainly divided into six parts: The first part is the introduction of the article,which mainly includes the purpose and significance of the research,the problem proposal,the background of the topic,the literature review,the research method,and the structure of the paper.The second part is a basic overview of the theory of financial crime.Firstly,the concept of financial crime is defined,and the current situation of financial crime is expounded.With the development of science and technology,financial crimes continue to emerge new forms,which brings new challenges to the judicial work.Financial crimes under the new situation have brought immeasurable losses to the country and society.To combat financial crimes,it is necessary to have a comprehensive grasp of its characteristics and development trends.This is an electronic evidence against financial crimes,especially in financial crimes.The collection,preservation,certification and other aspects have a strong guiding role.The third part is about the elaboration of electronic evidence.The electronic evidence encountered in any crime is inseparable from the basic theory of electronic evidence itself,and financial crime is no exception.Therefore,accurately grasping the basic theory of electronic evidence is the premise and basis for studying electronic evidence in financial crime.This section mainly describes the concept,characteristics,classification of electronic evidence,and gives an example of the importance of electronic evidence in real financial crime cases.Electronic evidence is essentially electronic data,and its legal significance is followed by electronic evidence.The fourth part mainly analyses the problems of electronic evidence in financial crimes.This section focuses on the collection,preservation,certification and other aspects of electronic evidence.Thefirst part of promoting a system is to discover problems.Only when problems are discovered can we point the way to future work and gradually improve.Most of these problems are common problems in the application of all cases involving electronic evidence,and they are also an inevitable problem in the study of electronic evidence.In addition,according to the specific situation of judicial practice in financial crimes,the problems unique to financial crimes are analyzed.The fifth part is the measures to solve the problems of electronic evidence in financial crimes.This section improves the existing deficiencies by improving the legal requirements such as evidence collection,preservation,certification,strengthening the system construction,promoting the training of judicial subjects and strengthening international assistance and cooperation.The sixth part is to summarize the full text and put forward the prospect of the judicial practice of electronic evidence in financial crimes in China.