Research On The Record Of Collection Of Electronic Evidence

The record of collection of electronic evidence can play an important role in the authenticity review of electronic data.How to prove the authenticity of electronic data has become one of the difficulties in criminal cases under the new situation.The record of collection of electronic evidence can prove the authenticity of electronic data by recording the process of electronic data extraction,storage and circulation.Its essence is the visual proof of the chain of electronic data storage.At present,our country has made some regulations on the record of collection of electronic evidence,but there are many details in these regulations need to be improved,so it is necessary to conduct in-depth study on the record.This thesis mainly discusses the contents of four parts:The first part is an overview of the record of collection of electronic evidence.Indepth analysis of the record of collection of electronic evidence,its basic connotation is the first problem to be solved.Starting from the meaning,basic characteristics and theoretical basis of the record of collection of electronic evidence,this thesis defines the record of collection of electronic evidence comprehensively.At the same time,it makes a brief comparison between the record of collection of electronic evidence and other evidences to clarify the differences between the record of collection of electronic evidence and examination transcripts.It not only records the process of electronic evidence extraction,but also establishes electronic evidence protection.The whole record of the management process is the visual proof of the chain of electronic evidence storage.The second part is about the evidential attributes of the record of collection of electronic evidence.This part elaborates that the record of collection of electronic evidence can play an independent role in criminal trial as evidence qualification and proof function.According to the traditional concept of evidence law,the record of collection of electronic evidence meets the three attributes of our country's legal requirements for the qualification of evidence.The record of collection of electronic evidence is objective.There is an indirect connection between the record of collection of electronic evidence and the facts of the case.The production and form of the record of collection of electronic evidence are required to conform to the law.The record of collection of electronic evidence can prove the facts of procedural disputes,as well as the traceability of the process of electronic evidence extraction and the integrity of the chain of electronic evidence preservation.The third part is the application status of the record of collection of electronic evidence.This thesis adopts the method of quantitative analysis to carry out a sample analysis of the criminal cases adjudicative documents that are open to the public in China from 2017 to 2018.517 effective samples are obtained,all of which are from the Chinese Judicial Documents Network.Through the analysis of samples,it is found that the applicability of the record of collection of electronic evidence is low,the forensic process is multi-purpose investigation,examination transcripts,the non-standard application of the record of collection of electronic evidence.and the examination method of the record of collection of electronic evidence is relatively simple,and the reasons are analyzed.The fourth part is the improvement of the applicable rules of the record of collection of electronic evidence.This thesis summarizes the progress and shortcomings of the current regulations on electronic data extraction records.There are two main shortcomings in the application of the record of collection of electronic evidence: the irregularity of the production process and the imperfection of the review rules.As far as its production is concerned,the record of collection of electronic evidence should have clear and strict production norms,and at the same time,the production process should be effectively monitored.As far as its examination is concerned,it is not enough to examine the record of collection of electronic evidence only in form.It is necessary to apply the formal and substantive examination reasonably according to the specific circumstances.