The Collection And Preservation Of Electronic Evidence In Cybercrime

With the rapid development of modern electronic information, the popularity of computer technology, as well as formed on the basis of its network technology and extensive application of the Internet criminal activities are quietly growing, virtual cyberspace, anonymity, causing very difficult to obtain evidence. Although China has one of the categories in the new amendments to the Criminal Procedure Law of the electronic evidence as legal evidence, electronic evidence collection and evidence collection, preservation, and electronic evidence in criminal proceedings, whether as the basis of the conviction and sentencing requires research. This article will reference the provisions of the foreign electronic evidence combined with the concept of electronic evidence and the characteristics of the electronic properties of the law of evidence to locate, to be explored and put forward a legislative proposal to the investigation stage of the criminal proceedings Perspective rules and collection of electronic evidence preservation.This paper is divided into four chapters. The first chapter from the relationship of cybercrime and electronic evidence introduced concepts and features of cybercrime and electronic evidence of electronic evidence relevant legislation. The second chapter is mainly based on the application of electronic evidence in our judicial practice, a detailed analysis to the collection, preservation there. The third chapter is the introduction of the foreign electronic evidence collection, preservation of the relevant legislation and practical experience from looking for evidence of China’s electronic reference. The fourth chapter is to put forward a sound modify the recommendations of the relevant laws and regulations of China’s electronic evidence.