Electronic Evidence In Criminal Forensics Of Research Problems And Countermeasures

In the course of human social interaction and development, transfer (?) and access to information has been playing· very important role. Back in ancient times people have built a beacon, with rising plume has passed foreign invasion signal; deliver a letter with a dove, transfer documents with horse. Language but also to facilitate the generation of people communicate in a certain area product. But in the slave society, feudal social system and the first industrial revolution, people know the information is always in the tender stage experience. Until the late19th century invented the telephone and telegraph, and other electronic equipment, human formally entered the information society. In the20th century, the emergence of the computer as well as the popularity of the current network, not only to promote the development of science and technology, but also to the judicial activity has brought new challenges. Criminal Procedure Code and the Civil Procedure Law since January1,2013will be implemented as a separate electronic data types of evidence to establish the legal status of electronic evidence, but there is no evidence to provide for electronic evidence. Compared with the traditional evidence of electronic evidence has its own characteristics, coupled with the aid of high-tech means to circumvent criminal forensics traditional way of growing, leading to the traditional forensic methods are not able to respond to problems in the collection and preservation of electronic evidence encountered. Therefore, this paper studies of electronic evidence, lack of evidence of the difficulties encountered in the legislative and judicial practice in order to solve the problem of electronic evidence forensics make modest.To achieve the above purpose, from the basic concept of electronic evidence and electronic evidence forensics, analyzes the problems encountered evidence of electronic evidence in the legislative and judicial practice, combined with the experience of foreign electronic evidence legislation, propose solutions to our electronic evidence forensics recommendations. Article is divided into four chapters: The first chapter introduces the topics of the background, purpose and significance and research methods.The second chapter starting from the basic theory of electronic evidence, the first concept of electronic evidence, characterized by (?) elaborate induction and integrated approach, based on electronic data obtained electronic evidence is the essence of many forms, and has its own characteristic evidence. Secondly, the evidence to define the subject of electronic evidence, the role of electronic technology and network of experts on the basis of the traditional police forensics evidence on the subject, and to explore the principles of electronic evidence. Finally, by way of exclusion of Electronic Evidence derived measures should include electronic searches, seizure of electronic, electronic monitoring and preservation and fixed.The third chapter summarizes the way through the list of the existing law on electronic evidence, and analyzed the legislative status quo, do not come to our country to form a system for the provision of electronic evidence is not strong and practical conclusions. Then, through three case studies of the main judicial practice of electronic evidence forensics encounter, originality, technical issues, and on the protection of the rights and remedies.The fourth chapter summarizes international organizations, common law countries and civil law countries specified characteristics of electronic evidence, draw current legislative model of electronic evidence should be complementary to the Electronic Evidence in the style of the existing procedural law program requirements, and should have some forward-looking. Then, on the administration of justice by improving the electronic forensics team building, to ensure standardization of forensic processes, technology and research to strengthen the evidence to protect the privacy of citizens to deal with the problem of electronic evidence, judicial evidence encountered in practice.