电子证据搜查扣押问题研究-诉讼法学专业论文.docxVIP

II Abstract The development of science and technology also has provided a possibility to committing a crime and investigating while bringing great convenience to peoples life. With the popularity of computers and the Internet, the so-called computer crime and cyber crime trends more and more generalized. Relatively, the investigation authorities in the investigation of this type of crime, naturally can not avoid searching and seizure the computer and computer data of the criminal suspects in order to obtain evidence of a crime. However, search and seizure of electronic evidence is different from search and seizure the traditional evidence. It is more complex than in the traditional evidence. It will be meet more new legal issues. To resolve these problems, many countries, such as United of States, regulate appropriate criminal procedure law, the Council of Europe Convention on Cyber-Crime builds the rule of search and seizure of stored computer data .and Chinas existing laws on this issue is the lack of a corresponding law, explore the theory of community is also less relevant. In comparison, the gap is more evident. There are many leaks in the Legislation and practice on search and seizure of electronic evidence in our country. The article limits the scope of the study of computer-stored data. It use mainly a way of comparative analysis to discuss. This article starts out by discussing the specificity of the electronic evidence, and then combined with search and seizure. E The article elaborates on such issues as the objects and scope for the electronic evidence. After the description of Chinas search and seizure of electronic evidence, the article has its own view on perfecting the legislation on search and seizure of electronic evidence. The article maintains that the search on search and seizure of electronic evidence should be held to carry out a search warrant in principle, so the reason for the search, a search warrant approval, scope for the search and seizu