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The Collection and Preservation of Electronic Evidence

Author: NiuBoChao
Tutor: MaGeChang
School: Taiyuan University of Science and Technology
Course: Procedural Law
Keywords: Electronic evidence The collection of electronic evidence Preservation of electronic evidence
CLC: D915.13
Type: Master's thesis
Year: 2011
Downloads: 248
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Abstract


The rapid development of information technology and computer network technology , applications and enrich our lives , also affected the political , economic and cultural development of the society . Also appear more and more in today 's litigation activities associated with these convenient , electronic evidence . Unlike traditional evidence , the widespread application of information technology and network technology , and the electronic evidence become hidden and intelligent , and has brought new problems to the application of evidence in judicial practice . In China, the electronic evidence in a legal status is not yet clear , view of the electronic evidence of their own characteristics and review certification program different from other evidence , electronic evidence should be made clear on the legal status . Our evidence of legal provisions for the collection and preservation of electronic evidence missing makes random application of electronic evidence in judicial practice to follow . Traditional collection of evidence preservation for the collection and preservation of electronic evidence , they can not properly apply . This will combine the basic theory of the electronic evidence , using the comparison method of the collection and preservation of electronic evidence to demonstrate the technical and legal aspects of the distinction between the technical methods of collection and preservation of electronic evidence and legal mode , actively respond to the reality of the challenges and difficulties . This article is divided into three parts for electronic evidence collection and preservation . First of all, from the basic theory of the electronic evidence to proceed , based on the unique characteristics of electronic evidence, defined the concept of electronic evidence . Of the legal status of electronic evidence , through the point of view of scholars Review and analysis of the pros and cons of various positioning thinking , put forward their point of view on its legal position . Second, the collection and preservation of electronic evidence , with the two parts of the collection , preservation respectively elaborated . Starting from the electronic evidence collection and preservation of the status quo , as the basic principles of the supreme guide of the collection and preservation of electronic evidence , and professional and technical analysis of the collection and preservation , and its perfect put forward their point of view .

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system > Evidence system
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