| The rapid development of computer and network technology has brought a lot of illegal and criminal behavior at the same time,while providing convenience and quick life for people.Electronic evidence is known as the king of the new generation of evidence,which plays a very important role in the process of combating cyber crime.This article focuses on the application of electronic evidence in the criminal cases of network criminal cases and the existing problems,and try to put forward some suggestions to solve these problems.In addition to the introduction and conclusion,the full text consists of four chapters,and the second and third chapters are the focus of this article.The first chapter starts from the concept of cyber crime and electronic evidence,defines the electronic evidence in cyber crime,and summarizes the characteristics of electronic evidence in cyber crime into virtual space,technology,duality and diversity of manifestations.At the same time,it also refines the main types of electronic evidence in cyber crime,and divides the information into six categories based on the information content in the carrier.Finally,it analyzes the value of electronic evidence in cyber crime.The second chapter analyzes the collection of electronic evidence in cyber crime and its existing problems.This chapter mainly focuses on the collection subjects and collection scope of electronic evidence in cyber crime.It mainly discusses the necessity and requirement of electronic evidence in cyber crime to determine the main body of collection and determine the scope of electronic evidence collection.Then it extends the analysis of five outstanding problems in the collection system of electronic evidence of cyber crime in practice.The third chapter focuses on the analysis of the examination of electronic evidence in the network crime,the collection of evidence and the existing problems.This chapter is divided into three parts:the first section analyzes the electronic evidence in cyber crime review rules,including a review of the main requirements,evidence qualification standard of review and review the contents and methods.The second section focuses on the electronic evidence in cyber crime rules for collecting evidence,including hearsay evidence,exclusionary rule and best evidence rule,the third section summarizes the existing electronic evidence in cyber crime review and evidence system,including:the main examination and mining permit for defects of electronic evidence,the lack of the computer network crime in the difficult choice of knowledge.The fourth chapter puts forward legal suggestions on the issues raised in the second and third chapters.First of all,the first section around the existence of electronic evidence system in network crime problem,put forward five aspects should strengthen the electronic evidence forensics norms to guide and standardize the forensics convergence mechanism and technical specifications,procedures perfect electronic evidence collection technology,clear network crime electronic evidence collection jurisdiction,reform the concept of human rights protection be improved.The second section aims at the problems existing in the examination and collection system of electronic evidence in cyber crime.It puts forward some suggestions from two aspects:perfecting the system of professional and technical personnel testifying in court and standardizing the rules of admissibility of electronic evidence in cyber crime. |
