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Research On The Problem Of Evidence Collection In Cyber Crime Investigation

Posted on:2021-03-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y S ZhouFull Text:PDF
GTID:2416330602952866Subject:Law
Abstract/Summary:PDF Full Text Request
With the indepth development of Internet information technology,traditional crimes have gradually begun to change towards network and intelligence.The rise of hightech such as the Internet and big data has brought great convenience to people's lives,and it has also brought challenges to the governance and investigation of cybercrime.In the new era,cybercrime has its own particularity in terms of criminal subjects and objective aspects of crime,and is different from traditional crimes.In terms of criminal subjects,cybercrime is characterized by rejuvenation and nonidentification.In terms of criminal means,the particularity of cybercrime is manifested in the diversity of behavioral patterns,the technical nature of behavioral methods and the concealed characteristics of behavioral means In terms of sexual characteristics,cybercrime presents virtual and crossregional features.The particularity of cybercrime has guiding significance for cybercrime investigation activities including forensics.The advent of the Internet and the era of big data has not only brought about earthshaking changes in social life,but also brought new methods and ways of thinking from the logic of thinking.Cybercrime investigation is deeply influenced by the development of the times in the concept of investigation and the way of investigation,showing a new look.In the concept of investigation,cybercrime investigation follows the concept of data resource sharing,the casenumberperson investigation approach and the networked material exchange lawdata exchange law.In terms of investigation methods,in addition to traditional onthespot investigations and other means of investigation,cybercrime also has emerging investigation methods such as network tracking and network patrol.Among them,the onsite inspection can be divided into the actual site inspection and the virtual site inspection according to the characteristics of the networkreality dichotomy.The realization of network to reality virtual and real conversion in cybercrime investigation is also an important content.According to the analysis of the current situation of cybercrime investigation,we can further understand the problems and dilemmas in the investigation and evidence collection activities.One is that in the collection of cybercrime evidence,electronic data collection methods and techniques are backward,the strength of electronic data collection subjects is weak,evidence exists in the process of electronic data collection,and there is a conflict between the electronic data collection process and the protection of civil rights.Secondly,in the fixed aspects of electronic data,the relevant legislation with fixed evidence is backward,the method of fixed evidence is imperfect,the procedures of fixed evidence are not standardized,and the fixed personnel of evidence are not professional,which also affects the smooth conduct of cybercrime investigation and evidence collection activities.The cybercrime investigation and evidence collection rules are the directionoriented norms that guide the electronic data forensics subject and regulate the evidence collection activities.The research on Internet forensics rules started in extraterritorial countries and regions.The developed countries and other developed countries have formed relevant results on electronic data forensics ideas,methods and technologies.Through the analysis of the electronic forensics rules in the current situation of cybercrime practice in China,many problems can be found.It is imperative to establish a number of evidenceacquisition principles in cybercrime investigation,including the principle of obtaining evidence according to law,nondestructive evidence collection,comprehensive collection and fixation,and timely evidence collection.Based on this,the standardized approach of cybercrime investigation and evidence collection activities can be carried out from three levels,concept,subject and operation.First of all,the concept level should realize the standardization of electronic data forensics activities by perfecting the legal norm system for cybercrime investigation and evidence collection,implementing the rules of electronic data forensics,and clarifying the boundaries between cybercrime investigation and evidence collection and human rights protection.Secondly,the main level needs to strengthen the professional investigation and evidence collection team.To build and strengthen the procuratorial organs to guide evidence collection.finally,at the operational level,we should further explore evidenceacquisition techniques,improve the ability to collect evidence,and improve electronic data preservation and fixed systems.
Keywords/Search Tags:Cybercrime, Investigation and Evidence Collection, Electronic Data, Evidence Collection Rules
PDF Full Text Request
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