Determination Of Criminal Electronic Evidence

Electronic evidence is all types of digitized records and information generated by certain electronic devices and technologies,in the form of digital informatized codes,used to store and record relevant information and reflect specific cases.Electronic evidence does not include analog signal data.High-tech,instability,dependency,recoverability,and divergence are all unique to electronic evidence.These characteristics determine that electronic evidence actually exists in the form of data messages(ie,binary coded forms),and that the external manifestation of data messages is inexhaustible,so electronic evidence may be in any one or more forms.Shown before us;binary code can not exist independently,must rely on physical equipment,which determines the electronic evidence must rely on computers,servers or other storage devices exist,so want to collect electronic evidence must depend on its existence The equipment starts;the data message is a kind of unstable existence.Unlike the traditional physical evidence,it will be destroyed by the destructive physical attack.The failure of the storage device may lead to the loss of electronic evidence,and the dust,moist air in the storage environment.Excessive temperatures,electromagnetic interference,etc.may all lead to the loss of electronic evidence.In addition,data messages may be easily tampered with or deleted,and will hardly leave any traces.Once data is intercepted,intercepted,eavesdropped,deleted,and edited It is technically difficult to clarify;fortunately,electronic evidence is also recoverable.Electronic Evidence removed before being overwritten by new data,is completely restored;divergent decided,once the data is uploaded to the network is unlikely to be completely removed,can always find a clue.Electronic evidence can be divided into computer evidence and communication evidence.Computer evidence can be further divided into electronic evidence in closed systems and electronic evidence in open systems.The identification of electronic evidence is divided into two parts:admissibility determination and probative force identification.Admissibility includes three aspects: relevance,legality,and authenticity.Proofability includes reliability,integrity,and degree of association.It is worth noting that the degree of relevance and relevance are two different concepts.The relevance is a qualitative issue.The degree of association is a quantitative issue.It must have relevance before it can be connected.In the identification of criminal electronic evidence,there are many characteristics that distinguish it from traditional criminal evidence.When investigating the criminal case,the investigating authorities can easily break throughthe restrictions of the law and constitute violations of human rights in the process of collecting criminal evidence.Therefore,it is imperative to establish strict and detailed investigation standards and strictly observe procedures in order to detect cases and Respect for the balance between the pursuit of human rights and the two major values.At present,China still has many deficiencies in the subject of criminal electronic evidence.According to these problems in reality,several suggestions can be made.