Research On The Preservation Of Electronic Evidence In My Countr

With the rapid development of the Internet,electronic evidence plays an important role in determining case facts and scientific conviction and sentencing.Guaranteeing the rationality and legality of the electronic evidence preservation process has a direct impact on the evidence ability and proof power of electronic evidence.However,there are still many problems in the theory and practice of electronic evidence preservation system,such as the general and complex legal provisions,the limitation of the preservation subject,the imperfection of the preservation procedure and the insufficient level of the preservation technology,which limit the scientific nature and effectiveness of electronic evidence preservation.In order to realize the institutionalization and standardization of electronic evidence preservation,this paper analyzes typical cases from the perspective of "Internet fraud crime",so as to understand the value of electronic evidence preservation,deeply grasp the specific problems existing in electronic evidence preservation in China,and put forward targeted suggestions.This paper is divided into four parts.The first part introduces the theoretical research on electronic evidence preservation by using the "phishing website" link fraud case,clarifies the role of electronic evidence preservation in finding out the case facts,scientific conviction and sentencing,and puts forward the theoretical and practical problems of electronic evidence preservation in our country.The second part holds the concept and connotation of electronic evidence from the theoretical level,clarifies the characteristics of electronic evidence,such as its electronic nature,concealment,fragility and easy to modify,and analyzes the important significance of reasonable preservation procedures for protecting litigant’s litigation rights,improving litigation efficiency,finding out the case facts and scientific conviction and sentencing.The third part discusses the conditions,procedures,jurisdiction and subject of criminal evidence preservation in the United States,Germany,Japan and Chinese Taiwan by means of comparative study,and learns from the beneficial experience of improving the electronic evidence preservation system.The fourth part is the key content of the article,which puts forward targeted suggestions to improve the electronic evidence preservation system from the legal and institutional aspects respectively.At the legal level,the subject of electronic evidence preservation should be expanded,criminal suspects,defendants,defenders,close relatives of defendants and victims should be given the right to apply for electronic evidence preservation,and the procedures of electronic evidence preservation covering application,time limit,jurisdiction,cost,supervision and other aspects should be improved.At the institutional level,it is necessary to enhance the technical level of professional personnel and security equipment,improve the expert subject qualification certification system and expert assistance security mode,strengthen the effectiveness of network notarial security,and establish a safe security environment.The improvement of the electronic evidence preservation to both theoretical and practical requirements,by using the experience of extraterritorial criminal evidence preservation of theory and practice,to perfect legal system of electronic evidence preservation in China from the legal level,to strengthen the legal guidelines for the work of the electronic evidence preservation,from the system level to improve the electronic evidence preservation of professional and technical,finally realizes the standardization and institutionalization of network fraud criminal electronic evidence preservation.