The Legal Regulations Of Obtaining Network Electronic Evidence In Criminal Procedure

The development of Internet as well as the increase of Cyber Crimes makes the Network Electronic Evidence in Criminal Procedure become more and more important.However,the Network Electronic Evidence is much more technological,frail and miscellaneous than traditional Electronic Evidence,which makes it difficult to guide and standardize Network Forensics with traditional Forensics Rules.As a result,a large number of practical problems in Network Forensics have come out in recent years.In order to solve these problems,this article studies on the Legal Regulations of Network Forensics in Criminal Procedure.Firstly,the article summarized the practical problems in Network Forensics,including the problems of subjects who obtain Network Electronic Evidence,and the problems in the seizure and collection of Network Electronic Evidence.Then,the article studied and analyzed on these problems with correlation theories and law norms,especially the "Forensics Rules of Electronic Evidence" which has just come out on Feb.1st,2019.Based on the analysis,this article made several solutions of the practical problems in Network Forensics,such as defining the rules of Remote Network Forensics,popularizing Hash Function Check,and setting up the rules of "the forensics with the help of third parties".