电子证据相关法律问题分析-法律·刑法学专业论文.docxVIP

华 中 科 技 大 学 硕 士 学 位 论 文 II Abstract The current world economy is shifting from an industrial economy to a knowledge-based economy. The network information age which digital, network, information as the core has arrived, and gradually influence and penetration on our study, work and life: changing our way of life, improving the quality of our lives. Meanwhile, network and computer security issues are increasingly prominent, such as theft, online gambling, network pornographic materials dissemination, and destruction of computer systems, computer crime is followed by the rise of the great flooded trend. In addition, civil behavior showing a cross-regional, virtualization trend, the specific legal regulation of such acts must be resolved. Therefore, to regulate the network of civil behavior has become an important task of Chinas legislation, judicial practice. Electronic evidence that obtained from computer forensics is an important basis of the Court of such litigation. We all know that academic circles has been questioned the legal status of electronic evidence. Just because of its unclear legal status, difficult to form a complete, effective, independent chain of evidence, and the rapid development of the computer network intrusion technology, as well as the domestic theory of the electronic evidence process has been repeatedly block, leading to the result of judicial investigation and evidence collection, forensics litigation theory can’t reach an agreement, therefore, I hope that I could provide a technical and legal support to the evidence of academic through the research on legal status of electronic evidence and forensic technology. Key words: Electronic evidence Computer forensics Evidence collection model  PAGE 4 目 录 摘 要 I Abstract II 引 言1 一、电子证据概述 （一）电子证据的概念2 （二）电子证据的特征6 （三）电子证据的分类7 二、电子证据的法律地位 （一）电子证据的性质8 （二）电子证据的合法化及其制度要求 12 三、电子证据合法化的技术保障 （一）电子证据的取证技术 16 （二）计算机取证主流工具发展 17 （三）电子证据合法化的取证模型建立 18 四、电子证据立法实践及其完善 （一）域外电子证据立法的形式与内