Traditional Culture Encyclopedia - Traditional festivals - Seek information related to the key technologies for the extraction, preservation, identification, analysis and submission of electronic evidence!

Seek information related to the key technologies for the extraction, preservation, identification, analysis and submission of electronic evidence!

With the continuous development of information technology, especially network technology, the globalization of the international Internet boom makes human society into a new information age. Due to the international Internet has no time, geographical restrictions on the characteristics of a very different from the traditional form of transactions through the international Internet came into being. In e-commerce, traditional contracts, bills of lading, insurance policies, invoices and other written documents are stored in the computer storage device in the corresponding electronic documents instead of these electronic documents is the law of evidence in the electronic evidence. In addition, legal facts involving electronic privacy, network and computer security, intellectual property rights in the network, administration and industry management in the network and many other aspects of the legal facts involved in a large extent need to be determined by electronic evidence. Therefore, the study of electronic evidence is not a momentary "show", it has at least the following aspects of significance:

First of all, the study of electronic evidence to help early establishment of the "electronic world" of the legal order of evidence. As we all know, since the 1990s, digital communication networks and computer devices make the information carrier storage, transmission, statistics, release and other aspects of paperless. However, this revolutionary change in information carriers has also led to a number of legal issues, in which the evidence of electronic data has become a key part of the solution to these new substantive legal issues. From the network privacy and network intellectual property infringement cases to electronic contract disputes, consumer rights and interests in the network and even the protection of network advertising, network and e-commerce in the pursuit of criminal issues in a number of civil, economic, administrative and criminal cases need to be electronic evidence of strong support. Therefore, the legislative work of electronic evidence will certainly rely on the research results of electronic evidence.

Secondly, the study of electronic evidence is conducive to the development of evidence theory. In terms of evidence, the traditional concept of evidence by the great impact of electronic information, not to mention the form of electronic evidence is very different from the traditional sense of evidence, and even the collection of electronic evidence, the review of the judgment also appeared new features. Electronic evidence is essentially a set of digitized information, through the "0" or "1" the two numbers of different codes recorded in magnetic media. "due to the serious lack of relevant legislation and lagging behind, the current practice of China's litigation more electronic evidence is presumed to be documentary evidence or audio-visual materials, but more and more scholars believe that the special nature of the electronic evidence makes it difficult for the book or audio-visual materials covered, so that the issue of electronic evidence to carry out in-depth discussion of the scholarly community of the urgent need to".

Again, the study of electronic evidence is conducive to the elimination of litigation practice on the cognitive misunderstanding of electronic evidence. Relying on the computer and its network construction of the virtual world, is a flat, open, borderless space. In such an environment, the stability, security and reliability of information is difficult to be guaranteed, so the collection and admission of electronic evidence is quite controversial in litigation practice, and the cognitive misunderstandings such as "following the traditional theory", "only notarization theory", "free Collection theory" and other cognitive misunderstanding of the formation of the litigation practice interferes with the qualification of electronic evidence.

In addition, the study of electronic evidence on the progress of information technology also has a certain impact. If the progress of information technology to electronic evidence into the field of evidence research, then the depth of electronic evidence research will also trigger the computer and its network technology development direction of new thinking. Electronic evidence of objectivity, authenticity, relevance, admissibility, non-repudiation and many other standards, but also information technology in the process of its development of the problem to be resolved; in order to make the electronic evidence has the corresponding evidence qualification, to protect the network and e-commerce activities of the smooth running of the parties to the maintenance of the legitimate rights and interests of the passwords, digital signatures, authentication technology, firewalls, disaster recovery, anti-virus, anti-hacking, and other information technology to ensure the strength of the invasion will continue to be the most effective way to protect the electronic evidence. Intrusion and other information technology protection will continue to increase.

"Information technology is developing rapidly, penetrating into all areas of human society." In this digital era, the role of electronic evidence in the process of identifying the facts of the case is increasingly significant, so the discovery of electronic evidence, collection, evaluation and use of many aspects of the all-round research is more far-reaching significance.