Review and Analysis of Electronic Data Forensics Rules in Network Remote Survey

Abstract

With the rapid development of open network environment in China, its influence is more and more far-reaching. When it comes to the forensics in the field of investigation measures, it is mainly embodied in electronic data and its network extraction. Network extraction includes network remote inspection of evidence collection mode, from the traditional hands-on, contact type gradually to remote, non-contact type. However, in China's current judicial theory, the legal nature and definition of network remote inspection are not clear, and even the rules themselves are unreasonable or contradictory. In practice, it is mainly reflected in a series of difficult situations in application, such as improper use due to unclear concept and nature, or mixed use with other investigation measures. These will eventually lead to the non-standard and illegal electronic forensics, the loss of protection of citizens' privacy rights, and the failure of the system of investigation links. To better implement fixed and extraction of link to the network evidence investigation and necessary based on the existing system for the existing rules are more comprehensive and systematic carding and analysis, clarify the legal nature of network remote inquest and legal position of, in order to improve the network remote electronic data evidence rules in the system of inspection.