Research On Standardization Of Electronic Data Collection In Criminal Justice

In March 2012,after the adoption of the new criminal procedure law,electronic data was first affirmed as a new type of evidence in China's domestic legislation,which has historic and realistic significance for the promotion and development of the type of evidence in China's criminal proceedings.The so-called electronic data refers to the data information generated,stored and transmitted by means of modern information digital technology or similar equipment,which exists in electronic form and is supported by electronic devices.The essential content of electronic data is binary coding,which has the characteristics of concealment,carrier dependence,openness and easily destructiveness.The special attributes of electronic data require the standardization of electronic data forensics,that is,the investigation personnel must follow the special principles and rules for electronic data forensics.But the new "criminal procedural law" without detail about the process of evidence collection of electronic data,electronic data exists in the judicial practice instead of "phenomenon,investigation of the personnel handling the case in most cases will be electronic data as evidence of case clues not finalized,most of the forensics process in use before the traditional principles and rules.In order to solve the problem of how to use electronic data in judicial practice,the author thinks that we should start from the Angle of establishing electronic data forensics model and comprehensively standardize the principles,subjects,methods and supervision of electronic data forensicsThe logical structure of this paper is as follows:The first part is an overview of the standardization of electronic data forensics.First of all,through summarizing and analyzing the legislative theory and practice of related countries,regions and China,the concept of electronic data is defined,the characteristics of electronic data are summarized and the value of electronic data is analyzed.On this basis,the concept connotation,theoretical necessity and practical necessity of the standardization of electronic data forensics are put forwardThe second part is about the standardization of electronic data forensics in criminal justice Introduce outside countries and the area of electronic data forensics standardization of legislative mode and theory,and its concrete practice of forensic standardization,analysis of the electronic data evidence of our criminal judicial practice standardization of the status quo,focuses on the difficulties and the insufficiency,including forensics subject unqualified,obtains evidence method not specification,process refinement,etcThe third part focuses on the way of standardization of electronic data forensics in criminal justice.From the establishment of electronic data evidence principle,professional principle,proportion principle,the principle of backup,supervision principles),forensics process specification(limited subject,regulation,strengthening supervision),the details of the process regulation(preparation,extraction and backup,storage,test analysis phase,the commit phase)aspects put forward specific solutions and Suggestions to improve.