The Human Rights Protection During The Collection Of Electronic Evidence

With the development of computer and network technology which provide the convenient life to people, the cyber crime is also rampant day by day. The electronic evidence as a new form of evidence in law has become increasingly important, and begun to be the focus of attention. Due to the nature of electronic evidence, the collection of it is different from the collection of traditional evidence. In this paper, we start from the concept of electronic evidence, and figure out the different way of collection of electronic evidence. Then, it analysts the human rights protection during the collection of electronic evidence.This paper is divided into three chapters. In the Chapter One, from the concept of electronic evidence, introduce the electronic evidence legislation present situation, and point out the main question and challenge.The Chapter Two points out the lack of legislation of electronic evidence has influenced the evidence organ of investigation to collect the electronic evidence. In the basis, it proposes to construct the system of collection of electronic evidence, which is accord with our national conditions. It must confirm the legal statute of electronic evidence and the sense of balance between the power and rights.The Chapter Three introduces the human rights security during the collection of electronic evidence. First, it must standard the specific measures of the collection of the electronic evidence. Second, the about the collection of the electronic evidence should be set up. Third, the relieve mechanism should protect the rights of suspects and other people. From the aspect of construction of legislation and specific measures, supervise mechanism and relieve mechanism, this paper researches the question of human rights protection during the collection of electronic evidence.