Study On The Forensics Of Electronic Data In Criminal Procedure

In the digital era,electronic data is closely related to new data sources such as satellite,telephone and streaming media through big data analysis and network communication.This makes the connotation of electronic data in the era of big data,evidence rules,proof system are obviously different from the traditional evidence rules.With the rapid development of new technologies such as cloud computing,block chain and artificial intelligence,more and more electronic data forensics technologies are used in data investigation activities.At present,the development of electronic data forensics technology has gone beyond the connotation and denotation of legal texts.How to deal with the challenges of technical threats to legal norms has become a difficult problem.The regulation of electronic data technology in various countries has guiding significance for all countries to carry out electronic forensics activities,but the construction of electronic data forensics norms must be based on the national reality.Therefore,the construction of electronic data forensics norms needs to be standardized from the technical and legal aspects to improve the evidence ability of electronic data,so as to form a systematic electronic data forensics standard.The paper is divided into five parts:The introduction is carried out from the background of the topic,literature review at home and abroad,research ideas and methods.On the basis of combing the existing research on electronic data forensics,this paper puts forward an overall idea to improve the electronic data forensics technology and the legal level.The first part is to define the core concepts of digital forensics,including the concept of electronic data,the concept of electronic data forensics and the new development of electronic data forensics technology.Through the domestic overview of the electronic data forensics standards,this paper puts forward the purpose and significance of this study.The second part analyzes the rules and the practical dilemma of digital forensics in China,including four aspects:the subject of electronic data forensics,the way of forensics,the object of forensics and the protection of rights.By studying the current rules of electronic data forensics in China,we can provide guidance for the procedural norms of electronic data forensics.The dilemma mainly includes the technical and legal challenges of digital forensics,the procedural norms of digital forensics,and the lack of procedural guarantee of the basic rights of digital forensics.The third part analyzes the relevant provisions of foreign digital forensics system.It mainly includes the latest electronic data legislation of Germany,Japan,the United States,Canada and other countries.By analyzing the legislative differences in foreign countries,this paper puts forward the enlightenment for standardizing China’s electronic data forensics system.The fourth part is mainly about the standardization of digital forensics in China.This chapter constructs the electronic data standardization system from three aspects:comprehensive forensics technology,improving forensics procedures and strengthening rights protection.