| In October 2014,the "Decision on Several Major Issues Concerning the Comprehensive Promotion of the Rule of Law" in the Fourth Plenary Session of the Eighteenth Central Committee proposed to establish a record system for the entire process of law enforcement;on June 10,2016,the Ministry of Public Security issued the "Regulations on On-site Law Enforcement Video and Audio Recording of Public Security Organs" that there are 6 types of situations where public security organs need to conduct full-course video and audio recording during law enforcement activities;this shows the importance of whole-course audio and video recording in the law enforcement process.In fact,in the investigation and inspection work of the cyber crime scene,the whole-course audio and video recording can not only prove the authenticity of the on-site inspection process,but also prove the legality of the on-site investigation and inspection procedure,and can effectively fix and preserve the evidence.To improve the integrity and standardization of on-site inspection and inspection work records,and to further enhance the proving power of the electronic data extracted on-site.Although the practical community has recognized the importance of whole-course video and audio recording,and has basically formed a system of forensic rules for electronic data;however,there are no supporting guidelines for on-site inspection procedures,the use of technical means,process reproducibility,video and audio recording techniques,and there is a lack of empirical research on the entire video and audio operations during on-site inspections.This has led to frequent dilemmas such as incomplete records,disorderly records,and records that are difficult to prove useful in practical applications;the easy deletion and easy tampering of electronic data determines that the on-site inspection method is different from traditional evidence.A slight carelessness in the process can easily lead to flaws in the evidence chain,causing the defender to pay special attention to the legality of the evidence collection process.Obviously,standardized operating procedures,rigorous operating details,and complete process records are vital to the proving power of electronic data.The introduction of standardized and rigorous whole-course audio and video recording in the on-site inspection and inspection process can better circumvent current work disadvantages,therefore,it is necessary to study the operating specifications of the cyber crime scene investigation under the whole audio and video recording.This paper mainly discusses from four aspects.The first is to summarize the basic situation of the current cyber crime scene investigation and the current situation of the whole video and audio recording,and propose the structure of this article;The second is to study the traditional electronic physical evidence field investigation under the condition of the whole video and audio recording;The third is to study the operating specifications for online extraction and remote inspection under the conditions of whole video and audio recording;The fourth is to study the operating specifications for extracting electromagnetic wave original evidence under the conditions of full audio and video recording.By simulating the on-site inspection operation of four types of electronic data,we can find out the new requirements of on-site inspection and inspection under the condition of whole video and audio recording and the coordination skills between the operation sequence and the lens recording,forming an operation specification that can guide practice.It is hoped that some operational guidance and case help can be given to the investigators in actual combat,so as to standardize the on-site inspection behavior of actual combat personnel,to ensure the authenticity of the data and the standardization of the inspection process,reduce the doubt of electronic evidence in the litigation process,and further improve the proving power of electronic evidence. |
PDF Full Text Request