Dissertation > Excellent graduate degree dissertation topics show

Criminal use of electronic evidence

Author: CaoYi
Tutor: DuanHouSheng
School: Fudan University
Course: Legal
Keywords: Criminal litigation Evidence system Electronic evidence
CLC: D925.23
Type: Master's thesis
Year: 2010
Downloads: 273
Quote: 0
Read: Download Dissertation

Abstract


The rules of evidence have long been seen as the backbone of criminal procedure, the basis of lawsuits and the core and soul of all conducting proceedings. In criminal procedure, the reliability and authenticity of the evidence will determine the success or failure of a case or the fate of a person even a family. With the development of the computer technology and Internet technology, electronic evidence has been reflected into the lawsuit field. The electronic evidence plays more and more important roles in criminal lawsuit activity. How to use electronic evidence to resolve the problems in criminal proceedings has become a research focus in theoretical and practical fields.In addition to the foreword and conclusion, this article has four chapters. After discussing on the legal positioning, basic features, obtaining principles, obtaining and fixing of the electronic evidence in the criminal litigation, this article, from the view of current status of the application of electronic evidence in China’s criminal litigation, puts forward preliminary idea to improve it further. Details as follows:Chapter I:legal positioning of electronic evidence in criminal litigation. Firstly, it expounds the social background of the electronic evidence, then analyzes the criminal legal effectiveness of electronic evidence, introduces different opinions about the position of the electronic evidence in criminal lawsuit in China and elaborates the opinions supported by the author as well as supporting reasons. Finally, it probes into the issues on the probative value and examination and judgment rules.Chapter II:basic characteristics of electronic evidence in criminal lawsuit as well as relevant principles of obtaining evidence. This chapter, starting from the basic characteristics of the electronic evidence, combining criminal litigation with judicial practice, outlines rules of electronic evidence obtaining.Chapter III:acquisition, fix and preservation of electronic evidence in criminal lawsuit. This chapter discusses on the importance of obtaining electronic evidence in criminal litigation in detail, introduces requirements for collecting and fixing evidence from the two aspects of the subject and object of evidence acquisition. This chapter, combining with the common network teclinologies in the practice of obtaining electronic evidence, puts forward the steps of acquiring electronic evidence in the criminal judicial practice.Chapter IV:the improvement and future development direction of electronic evidence in criminal lawsuit. This chapter, starting from the improvement of collecting measures, emphatically expounds how to improve the attesting ablility of electronic evidence in criminal judicial practice as well as perfect the normativeness of electronic evidence in the use of criminal lawsuit, so as to offer a few suggestions to improve the applications of electronic evidence in China’s criminal litigation.

Related Dissertations

  1. Studies on Evidence Proving System of Administrative Penalty,D922.1
  2. On the Illegal Access to Computer Information Systems Data,D924.3
  3. On the Improvement of Legislation on Computer Crime,D924.3
  4. Legal Issues of Electronic Evidence,D925
  5. Design and Implementation of Electronic Data Forensics System Based on EnCase,TP311.52
  6. The Research and Design of Computer Forensics,TP393.08
  7. Legal Analysis of Several Problems on Electronic Medical Record,R-051
  8. The computer initiative Forensics System Research and Implementation,D918.2
  9. The Improvement of the Legislation in Civil Electronic Evidence,D925.13
  10. On Appointed Defense System,D925.2
  11. Electronic Evidence Examination System Research and Implementation,D917.6
  12. Electronic Proof Law Issue Research,D915.13
  13. Electronic evidence in civil proceedings,D925.1
  14. On the electronic evidence,D925.2
  15. On the Reform and Improvement of China's electronic evidence,D925
  16. Study on Civil Legal Effectiveness of Electronic Evidence,D925.1
  17. A Study on Electronic Evidence’s Legal Status and Application,D925
  18. Research on Problems of Electronic Evidence,D925.2
  19. Analysis on the Legal Form of Electronic Evidence,D915.13
  20. Design and Implementation of Electronic Evidence Collection System,TP274.2

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
© 2012 www.DissertationTopic.Net  Mobile