Research On Electronic Evidence Forensics

The 21st century is the era of information networks. 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 vulnerable, concealing, compound and high-tech nature of electronic evidence, traditional means of evidence is often stretched to collect. The methods and procedures of electronic evidence also failed to keep pace with development. Our academic study of electronic evidence is weak. It has yet to provide strong theoretical support and practical guidance for the legislative and judicial activities. How to effectively collect electronic evidence in judicial practice have become more thorny issues.In this paper we start from the concept and characteristics of electronic evidence, focus on the admissibility of evidence requirements with the dual perspective of the law and the computer science, and study electronic evidence based on the theoretical foundation, practical operation and case studies. It is divided into four chapters besides introduction and conclusion.Chapterâ… Outline of electronic evidence forensics. From the electronic evidence concept, qualitative and the characteristic obtains, compared with the electronic evidence forensics and the traditional evidence forensics difference, introduced the electronic evidence forensics legislation present situation, pointed out the electronic evidence forensics faces main question and challenge.Chapterâ…¡Theoretical foundation of electronic evidence forensics. The court acceptance and picks the letter evidence, cannot leave the admissibility of evidence, this is basic question in the evidence law theory, therefore revolves the objectivity, the legitimacy and the relevance of evidence, the comprehensive system analysis evidence may pick the nature the influence to be allowed to establish the deep theory strut for the electronic evidence forensics, this solves the question basis, in this foundation, this chapter was clear about had the instruction significance to the judicature the forensics principle.Chapterâ…¢Practical operation of electronic evidence forensics. The electronic evidence forensic is not only a legal act, but also a technical operation process, it must observe the corresponding legal proceeding, must conform to the correlation technical operation standard, and satisfies the certain specification, therefore the pure legal research separated from the technical level does not conform to the cognition rule of the interdisciplinary studies. This chapter first carries on the inspection and the research from the legal view, attempt formulates reasonable evidence collection proceeding, perfect electronic evidence forensics method, this is the most significance to the research practice; next, this chapter also introduced the electronic evidence forensic technical situation and the mainstream technology today, initiate the people to obtain, to preserve, the utilization electronic evidence science consciousness, promotes the research practice of the electronic evidence forensics science appraisal and the cognition.Chapterâ…£Electronic evidence forensics cases diagnosis analysis. This chapter utilizes the legal method and the evidence collection technology which the article deliberated, the analysis solution takes in the confirmation service the concrete question, basically cover the common electronic evidence which in the judicial practice possibly meets, like the e-mail, the network chat, the computer virus and so on, examines this article to the electronic evidence forensics instruction function, this is the main innovation place of the article.This paper follows the pragmatic judicial philosophy, trying to angle different from other scholars to study electronic evidence forensics. For the basic theory, practice research, and the empirical analysis of specific cases, we stress to judicial capacity as the central task, strive to solve the problem at the same time, provide the basis for theoretical development, create conditions for the legislation, and to provide guidance for the judiciary. We hope that this paper will explore and analyze electronic evidence to call for public attention and concern, and provide some valuable information and advice for future research in this area.