Research On Electronic Evidence Of Criminal Litigation

The electronic evidence is a new with the fast development of electronic information technology. The electronic evidence is a new variety of evidence, it is different from any traditional types of evidence, with the characteristics of virtuality, openness, vulnerability and non original etc.. Electronic evidence will be the emergence of a large number of judicial practice in the future, each link and will be more and more involved in the criminal litigation proof, play a more and more important role.Because the criminal procedure law, criminal procedure rules in current, internalstandard and even the public security organs, the procuratorial organs are not onelectronic evidence make clear, complete, electronic evidence forensics work basicallyis still in the "may not" state. At the same time as the kinds of evidence was identified as the new time soon, electronic evidence forensics investigation organs still in the exploratory stage, in practice often groping, the operation of randomness, integrity is not only easy to destroy the evidence, may also extract the admissibility of evidenceand proof of impact effect.How to use under the new situation in the specification of electronic evidence in criminal proceedings, give full play to its proof function, has become a new problem intheoretical circles and in judicial practice, which is the value of this research.Based on this, this paper begins with a summary of the electronic evidence in hand,by the inherent characteristics of electronic evidence and the external form is elaborated, and further raises the characteristics of electronic evidence, the basicexplanation on the legislation of electronic evidence with present situation at home and abroad, how to conduct electronic evidence the key propositions drawn in the process of criminal procedure.The second part of the article to the electronic evidence forensics objects were summarized and concluded, and explored through the five principles of the electronic evidence forensics, expounds the electronic evidence in the practice of the specific use and guiding principles.The third part of the article according to the characteristics of electronic evidence is different from the traditional evidence, introduces two ways of obtaining electronic evidence, divided into technical means of evidence and evidence preservation of evidence.The last part of this article, combined with foreign electronic evidence legislation, from consummates the legislation norms and means of evidence, to the subject of obtaining evidence and forensics Standard Specification, discusses thestandardization of our country electronic evidence forensics.