Research On The Application Of Electronic Evidence In Criminal Investigation

Electronic evidence is the materials and its derivative which existence in the form of electronic evidence.In the information society,almost all criminal cases in the investigation will have the appearance of electronic evidence.After the Criminal Procedure Law was amended,in the judicial field,electronic evidence has become a new kind of legal evidence.but the definition of the electronic evidence in Criminal Procedure Law is too simple which is difficult for Investigator to use.With the following Judicial Interpretation were enacted which defined the concept of electronic evidence from different angles to promote the application of electronic evidence in the judicial field.In the development of the original electronic data theory,the focus attention is what is the original electronic data,the theoretical circles have studied and achieved some results,resulting in the Original Carrier,Abolished Carrier,Function Equivalent,Considered Original,Mixed Standard,Multi-faceted,Combined with Printing that seven kinds of doctrine.To clarify the legal origin of the electronic data and the original theory can guiding the application of electronic data effective.The application of electronic evidence in the investigation include two aspects.One is use it as clues,in the practice was expressed as how to use electronic evidence to find the suspect.Two is using the it to prove the facts of the cases,in practice was expressed as how to extract the electronic evidence accord with the standard.Electronic evidence have provides abundant resources for the investigation work,but in the use of the electronic evidence,there are many problems,Institutional functions overlap,lack of professional investigators,electronic evidence was not digging enough,forensic operation is not standardized,the level of conversion into evidence is inadequate.To solve the above problems,we can start from two aspects: First,enhancing the awareness of investigators to found the electronic evidence,to improve the ability to identify electronic evidence,to improve the level of using the electronic evidence.Second,by raising the electronic evidence forensics laws and regulations of the standardization,standardize the investigators’ operating procedure to obtain evidence to improve the level of electronic evidence collection.