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Electronic Data Proving Power Research

Posted on:2018-03-08Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhangFull Text:PDF
GTID:2436330548496228Subject:Law
Abstract/Summary:PDF Full Text Request
Since 2012,when electronic data was regarded as one kind of legal forms of evidence in "Criminal Procedure Law of the PRC",the arguments of electronic data have never stopped.As cyber police in local unit,we spend more effort to communicate with procuratorates and courts about the identifications and opinions of electronic data in the handling of cyber crime cases,that is proving capability and probative force of electronic evidence.Now the network crime era,electronic data as evidence in the crime in fact has played an increasingly important role,how to examine and judge the probative force of electronic data has become an important factor affecting the trial of cyber crimes.This paper analyzes the impact of electronic data proof of various subjective and objective factors,and points out the existing laws and regulations for the special provision of electronic data proof,combined with the actual situation of the work put forward the standard of electronic data forensics;the establishment of specialized electronic data acquisition and analysis,personnel examination system to improve the probative force of electronic data.In the current severe network security situation,the role of electronic data in combating cyber crime should be brought into full play.The logical structure of this article is as follows:Part one:analysis of the influencing factors of the probative force of evidence.Electronic data is one of the categories of evidence.Firstly,this paper analyzes the factors that influence evidence in different evidence review modes.The second part:the analysis of the influence factors of the electronic data certification.The factors that influence the probative force of electronic data,especially the special regulations of laws and regulations on electronic data and Jian Zhen of electronic data,are emphatically analyzed.The third part:the standardization of electronic data forensics,enhance the electronic data certification.This part discusses the influence on the probative force of the electronic data forensics of electronic data,the domestic and foreign electronic data forensics norms,lack of system,evidence of domestic standards,and how to standardize and improve evidence forensics of electronic data proof.
Keywords/Search Tags:evidence, probative force, electronic evidence, electronic data forensics technology
PDF Full Text Request
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