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On the Collection of Electronic Evidence in Chinese Criminal Procedure

Author: ZhouFangCheng
Tutor: ShenHongWei
School: Hunan Normal University
Course: Legal
Keywords: criminal procedure electronic evidence saving infomation
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 137
Quote: 0
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Abstract


With the development of computers and the popularity of Internet, as a new type of crime, cyber crime seriously harms the network order, affecting people’s lives. But the concealment of its actions, the uncertainty criminal range and the difficulty of prosecution result in adverse effects to combat cyber crime. Cyber crime has become increasingly rampant. Due to the difficulties in collecting electronic evidence, the rate of cyber crime prosecution is not high in these years. So the electronic evidence is the "soft underbelly" to combat cyber crime.In academic, there are some controversies on electronic criminal evidence, for example, "video material evidence", "the e-card evidence," and so on; while in judicial practice there is a common "conversion evidence". As we can see, the collection, review and identify in electronic criminal evidence are facing unprecedented challenges. It’s high time for us to set up a law that adopts uniform standards on the ownership of electronic evidence, collection procedures and the adopted definition.Thus, in practice, the collection of electronic evidence should follow the following principles:the principle of time, the principle of legality, the principle of expert assistance, professional and technical principles. In the collection process, we can use some simple techniques such as printing, copying, photographing, photography and so on, as well as some professional techniques such as recovery, real-time monitoring and others. For some simple collections, the investigators can do them themselves, but for complex collection, electronic evidence experts can be requested for assistance.China’s Criminal Procedure Law of electronic evidence is not clearly defined. We should improve the relevant legislation, to force Internet service providers to record and preserve information and complete the search and seizure of electronic evidence in criminal measures to strengthen the power of electronic evidence collection.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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