Five law enforcement officials should collect electronic evidence of the original carrier. Have dif

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Business Shi Zi [2011] authentic feet No. 248 to regulate the industrial and commercial administrative organs of electronic data evidence forensics authentic feet work to strengthen authentic feet the network of commodity trading and related services illegal investigative work, according to the "PRC Administrative Procedure Law", "People's Republic of Electronic Signature Law" "Evidence Supreme Administrative Provisions on Several Issues" and "commercial administrative organs authentic feet procedural requirements of administrative punishment", in respect of industrial and commercial administrative organs of electronic data evidence (hereinafter referred to as electronic evidence) evidence put forward the following guidance: one, electronic evidence forensics is the industrial and commercial administrative law enforcement officers in the investigation of the network illegal commodity trading and related services, the use of technical means to collect or obtain illegal electronic data evidence concerning the violations or other electronic data material. Second, this opinion refers to the alleged electronic evidence in the form of electronic data in a computer memory or external storage medium, able to prove the true circumstances of the case materials or electronic authentic feet data to prove the case with other electronic data material. Third, the electronic evidence forensics should strictly abide by national laws, regulations and rules of the relevant provisions, except for cases associated with electronic authentic feet evidence, but not free to copy, disclose parties to the case are stored in the computer system and private materials and trade secrets.
Five law enforcement officials should collect electronic evidence of the original carrier. Have difficulty collecting original carrier, you can use the following four ways forensics, evidence and shall indicate the production method, production time, producers and proof objects. (A) Form fixed. The computer system of the text, symbols, drawings, etc. There is evidence binding documents, you can print directly relevant contents, fixed by written evidence. Fixed book should indicate the source of evidence and to maintain its integrity. (Two) photo camera. If electronic evidence authentic feet contains dynamic authentic feet text, images, sound, video, or if you need special software to display the content, you can use pictures, authentic feet recording or imaging method, audio-visual materials will be translated into evidence. (Three) copies of replication. Law enforcement officers can be arrested for illegal computer files copied to the U disk or burn it to a CD-ROM computer storage devices, you can also back up the entire hard disk mirroring. Before copying, it should be ready to test confirm the integrity of computer storage devices and no data. After copying, replication should promptly check the quality, prevent save as a result of improper replication is unsuccessful or viral infection, while a good site archive authentic feet copies. Parties to the case refused to print the relevant documentary evidence and transformation authentic feet of the check, audiovisual evidence, law enforcement personnel should specify the reason, if necessary, may invite authentic feet a third party unrelated to the case officers witness. (Four) commissioned analysis. For more complex electronic evidence or encounter data is deleted, tampering and other law enforcement officers authentic feet are difficult to resolve the situation, can be entrusted to a qualified third-party electronic evidence, conduct an accreditation body or judicial examination and analysis. Commissioned a professional body or judicial analysis, authentic feet law enforcement officers should fill power of attorney, authentic feet and submit sealed authentic feet computer storage devices or related equipment list. Professional bodies according to prescribed procedures and requirements analysis equipment includes electronic data, extraction of electronic evidence relevant to the case and to make conclusions. Sixth, in the terminal equipment of electronic authentic feet computer forensic evidence, you should understand the evidence unit of computer password settings, application software installation, data storage location and so on. Seven in the network authentic feet trading platform for electronic forensic evidence, in accordance with the "Network commodity trading authentic feet and related services, behavior management with Interim Measures" and "Internet Information Services" the relevant provisions, the network authentic feet service authentic feet operators should provide data and output e-book piece of evidence is recognized on the official seal. Eight industrial authentic feet and commercial administrative organs to investigate illegal cases involving electronic evidence, law enforcement officers should be made in the case of site-site inspection records, on-site inspection records should be objective, detailed and true record of the computer system displays authentic feet illegal facts relevant content and storage location. In the case of the investigation authentic feet stage production record of inquiry, for on-site inspection records, print documentary evidence, has been made when copying files copied electronic content of the evidence, should be devoted to ask parties to the case and documented answer content, so inquiry transcripts and other evidence to confirm each other. Nine, according to the laws and regulations, law enforcement officers dedicated to the illegal operation of the computer system found evidence of illegal operations involving authentic feet materials submitted for approval by, you can directly on computers and related equipment for seizure or freezing, parties to the case to prevent damage destroy data. Ten, on-site computer equipment seized the implementation of administrative measures of compulsion, its attachment method should ensure that the state does not lift the seizure case, you can not use the seized equipment. It should be taken before and after the seizure of computer equipment was seized photos, or posting a clear reflection of the seal at the sealing position. Please follow this around the spirit of the document, and further standardize electronic evidence and evidence gathering. In practice, new situations and problems encountered, please inform the Secretary General of Market Regulation.
December authentic feet 12, 2011 Send comments authentic feet |


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