Research On The Issue Of Sampling And Evidence Collection In The Investigation Of Cyber Crime Cases

With the deep integration of cyberspace and real space,people’s life trajectories are gradually recorded with more data,and cybercrime has also left a large amount of data traces.Nowadays,cybercrime has the characteristics of batch operability and replicability,so investigators may fall into the dilemma of immeasurable criminal amounts when handling such cases.To address the aforementioned challenges,sampling and evidence collection have been introduced into the field of investigation.By selecting a portion of the samples from the overall sample for review,the overall situation can be obtained,improving investigation efficiency and reducing case handling pressure without reducing the standard of proof in criminal litigation.Therefore,this article is based on the field of investigation,combined with evidence law,aiming to study the sampling and evidence collection in online crime cases.In addition to the introduction and conclusion,this article consists of four parts:The first part: Overview of Sampling and Evidence Collection in Investigation of Cybercrime Cases.Firstly,by analyzing the objects and purposes of sampling evidence collection,the concept of investigation sampling evidence collection has been clarified,and a preliminary understanding of investigation sampling evidence collection has been gained.Secondly,four commonly used sampling methods,namely simple random sampling,stratified sampling,equidistant sampling,and multi-stage sampling,were introduced.Thirdly,the characteristics of sampling and evidence collection in online crime investigation were analyzed,and it was clarified that sampling and evidence collection in investigation is a new method of evidence collection and proof,and is an unconventional procedure.Fourthly,based on the above content,summarize the principles that need to be followed in the conduct of investigation sampling and evidence collection.The second part: research on the Rationality of Sampling Evidence in Investigation of Cybercrime Cases.Starting from necessity,legitimacy,and feasibility,the rationality foundation of investigation sampling and evidence collection was analyzed and demonstrated.The need for reality and its inherent irreplaceability are the necessary basis for investigation sampling and evidence collection.The relevant theories of jurisprudence,criminal psychology and evidence law provide legal support for investigation sampling evidence collection,and the results of investigation sampling evidence collection can eliminate reasonable doubt to prove the legitimacy of its application.The operability and practical experience of judicial practice ensure its feasibility.The third part: the problems in sampling and collecting evidence in the investigation of cybercrime cases.The research focuses on five aspects: the sampling subject’s ability to collect evidence,applicable conditions,applicable sampling methods,specific sampling procedures,and sampling results.It has been found that the sampling subject’s ability to collect evidence is insufficient,the applicable conditions for investigation sampling evidence are vague,the selection of methods for investigation sampling evidence is inappropriate,the specific procedures for investigation sampling evidence are chaotic,and there are disputes over the evidence validity of investigation sampling results,And the causes of the above problems were analyzed.The fourth part: Suggestions for improving the sampling and evidence collection of network crime cases investigation.Conduct in-depth research on the sampling and evidence collection in online crime cases from both theoretical and practical perspectives.In response to the current problems in sampling and evidence collection in investigation practice,the following suggestions are proposed: firstly,improve the evidence collection ability of the sampling subject by improving the level of evidence collection of investigators and emphasizing the development of relevant evidence collection technologies.Secondly,it is clear that the applicable conditions for investigation sampling and evidence collection are: the evidence materials meet the massive characteristics,the sampling objects have homogeneity,and there are indeed difficulties in proving.Thirdly,the measures to standardize the methods of investigation sampling and evidence collection include: scientifically determining the sample objects,correctly selecting sampling methods,and reasonably determining the sampling proportion.Fourthly,reasonably design the initiation procedure for investigation sampling and evidence collection,the procedure for correcting defective evidence,and the cross examination procedure for investigation sampling results.Fifthly,two ways to prevent the risk of investigation sampling results were proposed: rigorous proof of presumption and strict post examination of investigation sampling results.