The Dilemma And Outlet Of Electronic Forensics In China's Criminal Case

With the rapid development of Internet technology,it brings many conveniences to people's daily life.At the same time,it also breeds some new types of illegal and criminal acts.With the development of Internet and mobile communication technology,criminals not only break away from the limitation of time and space,but also have strong concealment.Nowadays,more and more criminal cases involving electronic data are involved.In the judicial practice of criminal cases in our country,electronic evidence,as a new type of evidence,has its unique characteristics.It often plays a decisive role in the process of investigation and confirmation of the facts of network crimes.There are still many aspects to be improved in the current electronic evidence collection in China,such as laws and regulations,the quality of the subject of evidence collection,the supervision mechanism and the procedure of evidence collection.Legislation and system construction lag behind the development of information technology,the knowledge of forensic subject is not symmetrical with the development of information technology.The lagging development of these aspects leads to electronic evidence in judicial practice does not play its due value.This paper analyzes the predicament of electronic evidence collection in domestic criminal cases,and further summarizes the reasons for the predicament.On this basis,it compares and draws lessons from foreign laws and regulations on electronic evidence collection procedures,and analyzes the way out of the predicament of electronic evidence collection in China's criminal cases.Through a comprehensive study,finally from the standardization of criminal cases in electronic evidence forensics process and behavior,improve criminal cases in electronic evidence forensics legal system two aspects to improve our electronic evidence forensics recommendations.