Research On The Standardization Of Criminal Electronic Data Forensics

With the development of internet and increasing prominence of cyber related crime,Criminal Procedure Law of P.R.C amended in 2012 recognized the electronic evidence as one type of legal evidence.In Regulations on Collection,Extraction,Examination and Judgment of Electronic Data Forensics in Handling Criminal Cases,electronic data is clear by The three Articles of the first,defined from the perspective of the definition,listand ruled out.Those generated in the process of crime,and stored,processed and transmitted in the form of digitization,which can attest the happening of crimes.The characteristics of electronic data determines the principles and procedures obeyed by investigators during the electronic data forensics,i.e.,realization of electronic data normalization.Reviewing regulations on electronic data forensics,we may find that they are discord,unsystematic,idealized and inoperable,and even the big flaws in some regulations result in inapplicability of legislations,which has been a ubiquitous juridical problem.Hence,to resolve the difficulty in applicability of electronic data,priority should be given to the solutions to electronic data normalization,which needs comprehensively regulate principles,main body,methods,and process of electronic data forensics,even including each steps,as well as electronic data holder and network service provider.The structure of the thesis is as follows:The first part generalizes the normalization of electronic data forensics.,Scientifically demarcate the conceptual boundaries of our electronic data,list concepts and characteristics of electronic data forensics.On this base,the writer points out the purposes and importance of electronic data forensics normalization.The second part puts more emphasis on legislative and research status quo and drawbacks of electronic data forensics,reviewing the regulations and laws and researches on electronic data forensics.By juridical practice,shortcomings of electronic data forensics are listed.The third part analyzes the lack of electronic data forensics normalization,resulting in such problems as the losses and inadmissibility of electronic data,citizen's rights weakening.Practical case is cited as an example here.The fourth part discusses the construction of electronic data forensics normalization.Plans and suggestions are put forward from the aspects of principles of electronic data forensics,limiting forensics main body,regulating forensics methods,detailing forensics process and clarifying electronic data holder's and network service provider's liabilities.