Research On Electronic Evidence Forensics

With the popularization and application of electronic information technology represented by Internet,human society has entered the information age.People enjoy the convenience arid efficiency of information technology,but also facing the unprecedented challenges of information network security.Criminal activity is also a large number of following the development of information technology,there are many new situations,electronic data in a wide range of types of crime.According to the framework of technology classification of electronic evidence and the law of our country,the system of electronic evidence can be divided into two categories:the first category is the access to the internal data of the electronic equipment,can be understood as "computer forensics",the second is to obtain evidence in electronic form,this kind of electronic evidence in the criminal procedure law of our country there is no clear definition,but according to the evidence of the way and form,will generally be classified as"technical investigation".To a certain extent,it puts forward new requirements to the judicial organ’s forensic technology,and brings new challenges.How to regulate the electronic evidence collection process,to achieve effective electronic evidence forensics,is bound to become an important issue.This paper is divided into five parts.The first part is the introduction.Mainly introduces the research methods,the purpose,significance and background of the topic.The second part is the basic theory of electronic evidence.This paper mainly introduces the concept of electronic evidence,and compares it with each other to extract the connotation and extension of the concept of electronic evidence,so as to complete the understanding and grasp of the concept of electronic evidence.The characteristics of electronic evidence are mainly characterized by the diversity of the attribute of evidence,the ability to be destroyed and the collection of high technology.And the relationship between electronic evidence and other forms of evidence.The third part is the electronic evidence forensics technology and the problems.Electronic evidence forensics technology and methods mainly include printing,copying,making judicial documents,sealing up,seizing,and notarization.The electronic evidence forensics faces problems in the judicial practice there is insufficient understanding of electronic evidence;the lack of legislation and the application of electronic evidence of the lack of operational guidance;the electronic evidence,the proof standard is inconsistent;the low level of technology and application of electronic evidence examination and judgment is difficult;the lack of data sharing,evidence difficult big.The fourth part is the legislation and comparison of foreign electronic evidence collection.After decades of development,foreign electronic evidence has reached a very mature stage,technology products and related methods are mature and advanced,different needs have developed further refinement of the electronic evidence and identification card control tools and solutions.Through the electronic evidence law of the legislative body,the main body of evidence and evidence collection technology for comparison,in our country in the electronic evidence collection and identification of the development of the field,to provide valuable experience for electronic evidence forensics.The fifth part is the countermeasures and suggestions to improve the electronic evidence collection.Based on the Chinese conditions and establish the rule of law in the direction of judicial reform,the electronic evidence legislation to keep up our judicial reform process,the selection of electronic evidence legislation,by special laws or regulations to define the concept of electronic evidence,electronic evidence,the adoption of electronic evidences and other issues.The establishment of the principle of electronic evidence;improve the understanding,in the ideological understanding and judicial application objective;to improve the technical level,intensify the training of technical personnel,strengthening the application of electronic evidence examination and judgment;regulate the process of electronic evidence,to enhance the operability and improve the examination and judgment,making electronic evidence Guidance standard perfect collection of recognition.The application of electronic evidence;accelerate the pace of legislation of electronic data sharing,information security,data sharing timely implementation of laws.