Research On The Standardization Of Criminal Electronic Data Forensics

Electronic data has become a ubiquitous "trace" in the information age,and its application in the field of criminal proceedings and its importance to cybercrime investigation is self-evident.However,relative to the vigorous development of electronic data,the awareness of investigating agencies to standardize evidence collection on electronic data has not kept up.The forensic link is inherently insufficient,and its hidden dangers will continue to a vicious circle until the identification of electronic data at the prosecution and trial stage.To allow electronic data to play a role in identifying criminal facts,the study of the standardized forensics of electronic data has practical and far-reaching significance,which is the purpose of this article.This article is mainly written from four aspects:The first part is to clarify the problems in the standardized forensics of electronic data.Based on the analysis of the characteristics of current telecommunications network fraud cases and the status quo of electronic data forensics,this article decides to use 123 telecommunications network fraud cases as the research sample to focus on the disputes between the prosecution and the defense on the identification of electronic data.Summarize,combine the court’s attitude to the defense lawyers on questioning the validity of electronic data,and elaborate on the specific problems of the standardized collection of electronic data in judicial practice.The second part analyzes the reasons for the anomie of the electronic data collection of investigative agencies.Among them,there are not only internal reasons for the investigative and evidence-collecting personnel,such as insufficient ability to regulate evidence-collecting and lack of awareness;there are also external reasons such as lack of supervision and the difficulty of electronic data forensics.The third part elaborates on the necessity and principles that should be followed for the standardized collection of electronic data.Standardizing the extraction of electronic data is based on the requirements of ensuring the availability of electronic data,improving the efficiency of evidence collection,and protecting human rights,and must strictly follow the principles of objectiveness,legality,timeliness,effectiveness,and completeness.The fourth part proposes the realization path of my country’s electronic data standardization forensics.Based on the analysis of the aforementioned problems,combined with the achievements of foreign legislation and systems in regulating electronic data forensics,this article proposes to standardize electronic data forensics subjects,comprehensively collect electronic data,improve electronic data forensics procedures and identification,inspection links,and reasonable regulations The use of fact sheets.