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Research On Evidence Review Of Cyber Crime Committed By Multiple People

Posted on:2021-02-18Degree:MasterType:Thesis
Country:ChinaCandidate:J X JingFull Text:PDF
GTID:2416330614458673Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the development of information and communication technology,crimes committed by internet emerge in an endless stream.The new characteristics of cybercrime bring a lot of new problems to the prosecution of cybercrime,especially the challenge to the rules of evidence based on the traditional crime pattern.For the first time,"opinions on several issues concerning the application of criminal procedure in handling cybercrime cases" officially defines cyber crime committed by multiple people as one of the four major categories of cybercrime.Because of the large number of victims involved in such cases and their scattered locations,more complex requirements are put forward for evidence review.Cyber crime committed by multiple people include crime of infringing upon citizen's personal information,telecommunications network fraud,cybertheft crime,etc.Based on the collection of cases related to the specific types of cyber crime committed by multiple people,the existing problems of evidence review in cyber crime committed by multiple people are analyzed.Due to the large number of victims involved in such cases and the geographical dispersion,it is difficult to identify the victims one by one,and the review of victim statements lacks operational guidance.Due to the large amount of electronic data in such cases,electronic data review must break through the formal review and reach the substantive review;Due to the impetus of the appraisal opinion to the facts of the case,the relevant system should be improved.This paper discusses and studies the above problems,and puts forward some suggestions to improve the establishment of sampling evidence system,the establishment of illegal exclusion rules for electronic data and the relevant rules for authenticity examination,the adoption of rationality as the reliability examination standard for appraisal opinions and the improvement of expert assistant system.The writing of the research on evidence review of cyber crime committed by multiple people is firstly about the knowledge and understanding of cyber crime committed by multiple people.Starting from the concept,characteristics and main types of cyber crime committed by multiple people,this paper comprehensively introduces the cyber crime committed by multiple people.Secondly,criminal evidence and review key of cyber crime committed by multiple people is discussed.Thirdly,specific research is carried out to focus on each type of evidence,and corresponding questions are put forward.Finally,in view of the above mentioned evidence review,some suggestions are put forward to improve the relevant legislation.From the perspective of legislation,the author establishes the legal status of sampling for victims in cyber crime committed by multiple people,and puts forward some suggestions to improve the specific operation of sampling.At the same time,three aspects of authenticity examination should be distinguished according to the characteristics of authenticity examination of electronic data.This paper attempts to improve the evaluation of appraisal opinion in cyber crime committed by multiple people by proposing the criteria of appraisal opinion reliability review and relevant sggestions of expert assistant system.
Keywords/Search Tags:cyber crime committed by multiple people, review of evidence, sampling forensics, the electronic data, expert opinion
PDF Full Text Request
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