Standardization Of Electronic Evidence Forensics In Criminal Procedure

The "Criminal Procedure Law", according to the reality of social rapid development of information technology, has increased the "electronic evidence" as a kind of legal evidence in 2013 and has came into effect.Electronic evidence refers to the data which generates, transfers, records or preserves through computer systems, or similar electronic equipment. In a nutshell, electronic evidence is the data in electronic form. Its essence is binary-encoded content, so it’s intangible, systematic, technical, susceptible to destructive and recoverability of other features. The nature and characteristics of the electronic evidence determined forensic investigators must follow special principles and rules when they search for the electronic evidence, that is say we should achieve the standardization of electronic evidence forensics. However, the new "Criminal Procedure Law" only has a few words about the forensics of electronic evidence which regularly applies to traditional evidence applicable principles and rules. Then it leads to the judicial phenomenon that electronic evidence has no value and leads to the embarrassment finalized that investigators hand the electronic evidence only as a clue rather than evidence. Solving the problems of the applicability of electronic evidence, we should be from the perspective of building electronic evidence forensics model and comprehensively regulate the principle of electronic evidence forensics, forensics personnel, forensics methods, forensics supervision and forensic laboratories, etc.The logical structure of the thesis is as follows:The first part is an overview of standardized electronic evidence forensics. Through the summary and analysis of Chinese and extraterritorial legislation and theoretical studies, this section first define the concept of electronic evidence, summarize its characteristics, and analyze its value. Accordingly, the thesis raises the necessity and purpose of standardization of electronic evidence forensics, and introduces the current situation of legislation and research.The second part is a defect analysis on the standardization of electronic evidence forensics. Combing through the current "Criminal Procedure Law" and the relevant legal provisions, investigating judicial practice, the thesis listed the lack of standardization of electronic evidence forensics, including not limiting the forensics personnel, non-standardized forensic methods, not thinning the regulation of electronic evidence. The various stages of electronic evidence, including the early stages, Search and Seizure stage, fixed and saving stage, are also lack of sturdy procedures regulation.The third part is the investigation of extraterritorial standardization of electronic evidence forensic. The legislative model and legal regulations about it in the United States, Australia, India, the Philippines, South Africa and other countries are respectively, in-depth analyzed and summarized. While the thesis introduced and drew lessons from outside excellent research theory about electronic evidence on the basis of detailed study.The fourth part focuses on the path of the standardization of electronic evidence forensics in China. From the aspects of the establishment of the principle of electronic evidence forensics, limiting the forensics personnel, standardizing method of forensics and forensics process, strict supervision and the construction of the laboratory, the thesis put forward comprehensive solutions and specific recommendations for perfect.