Research On Legal Status, Collection And Preservation Of Criminal Electronic Evidence

Information technology is a two-edged sword. The rapid growing of information technology and the wide popularization of Internet, deeply affect politics, economics, law and life of people all over the world. Meanwhile, the disputes correlated with computers and webs are increasing, electronic evidence which involves kinds of cases of criminal, civil, administration occurs in the field of justice. As well as famous scholar Mr. He-jiahong said, we are going to enter a new judicial proof era, namely Electronic Evidence Era.On the basis of the basic theory on electronic evidence, the dissertation makes a comprehensive study on collection and preservation of criminal electronic evidence. It consists of 3 parts besides the introduction and the epilog. By briefly introducing the influence on the present social life of computer and network technology, the introduction set forth that electronic evidence entering the field of justice can't be denied. Therefore, study on electronic evidence not only gives legislature and judicial organs theoretical assist, but also extends the new study field of the evidence law, which shows great theoretical and practical values. Part 1 concerns the basic theory of electromc evidence. By representing the concept and feature of electronic evidence, this part analyze in detail all kinds of theories on the legal status of electronic evidences, and holds that electronic evidence should be given competency and on the basis of the types of traditional evidence electronic evidence should take the place of audiovisual material, and become the seventh kind of evidences. Part 2 mainly discusses the collection of criminal electronic evidence. After introducing the subjects of electronic evidence collecting, the principles and scope of collection , this part carries on detailed analysis to collecting manners and methods. Part 3 represents how to keep intact the electronic evidence. This part includes the principles and methods of the preservation of electronic evidence, the things that should be noticed in packaging and transporting, and keeping it safe。The conclusive part teases the clew summarizes all the contents.