The practical dilemma and improvement of cyber crime sampling and forensics
Liu Yuhao
Law School, People′s Public Security University of China
Abstract： In the age of information network, the massive evidence of cyber crime leads to the judicial dilemma of difficult proof. The rules of sampling forensics provide a beneficial exploration for resolving the dilemma of massive evidence of cyber crime. However, in the practice of sampling forensics, there are still some difficulties, such as unclear forensics standards, insufficient forensics program design, broad forensics scope, and imperfect protection of the rights of the accused. In this regard, it is necessary to clarify the standard of sampling evidence collection. In program design, it is necessary to improve the subject authority, examination and approval procedures, the construction of typed sampling method system, and the exclusion of illegal sampling evidence. At the same time, it is necessary to limit the scope of cases, the scope of evidence and the scope of procedures. Finally, it is necessary to strengthen the protection of the remedy right of the accused from the angles of the right to know, the right to participate and the right to dissent.
Key words : cyber crime; sampling evidence collection; proof method
