All China Lawyers Association for electronic data evidence business operation guidelines

MeshRecord

First chapterGeneral 2

The second chapterEvidence of the electronic data 4

The first sectionElectronic data evidence and process 4

The second sectionOn protection and peripheral survey 6

The third sectionElectronic data evidence collection and fixed 7

The third section A  Electronic data evidence notarization preserves 12

The fourth sectionTest and analysis of the electronic data 14

The fourth section A  Electronic data of judicial identification 15

The fifth sectionElectronic data evidence examination and judgment of 16

The third chapterElectronic data evidence proof 18

The fourth chapterElectronic data evidence of cross examination 19

The fifth chapterThe relevant electronic data evidence legal advice 20

The sixth chapterAnnex 21

Annex 1Interpretation of the term 23

Annex 2Electronic data evidence collecting process 25

Annex 3Electronic equipment extraction work records 26

First chapterGeneral provisions

Article firstGuidelines are formulated for the purpose and basis

In order to guide national lawyer efficient professional legal services related to electronic data evidence, improve the lawyer business level and the quality of handling cases, according to the "PRC Criminal Law", "Civil Procedure Law of the PRC", "the people's Republic of China Administrative Procedure Law" and the "Lawyers Law of the people's Republic" and other laws and regulations, combined with the characteristics of electronic data evidence, these guidelines are formulated.

Article secondThe definition and role of electronic data, electronic data evidence

2.1 as referred to in the present guidelines for electronic data, refers to the use of all the data in the information technology production, modify, delete, storage, transfer, acquisition, formation, including computer, mobile phone, e-mail, document document record, blog, instant messaging, micro-blog Webpage historical record, IP address, mobile phone text messages, call records, fax record, signaling data, electronic signature, electronic signs.

2.2 when the electronic data are used to prove the facts of the case, is the electronic data evidence. Electronic data evidence exists mainly in the computer, mobile storage equipment, mobile communication equipment, electronic devices such as Internet servers or storage medium. Electronic data evidence can be based on different standards into document files, graphics, multimedia files, program files and database files, stand-alone data and network data, static data and dynamic data, the data content, information, association affiliated to trace and system environment information etc..

2.3 electronic data evidence not only can be directly as a legal evidence of special use, can also be transformed into legal evidence of other or as clues.

Article thirdThe definition of electronic equipment

Electronic equipment, as referred to in the present guidelines, is composed of electronic components, and application processing system for generating, modify, delete, storage, transmission electronic data equipment, including desktop computer, notebook computer, tablet computer, palmtop computer, server, mobile phone, digital camera, digital camera, printer, copier, fax machine, telephone, scanner, navigator, routers, set-top boxes, mobile phone base station etc..

Article fourthDefine the storage medium

Storage medium as referred to in the present guidelines, is the index word storage of electronic data and related information media, including computer hard disk, mobile hard disk, CD-ROM, USB flash drives, memory stick, such as a memory card.

Article fifthScope and training a lawyer to handle the business of electronic data evidence

Electronic data evidence business 5.1 lawyers mainly include electronic data evidence, testimony, and related legal advice etc..

5.2 in order to improve the ability to handle data business, lawyers can take the necessary professional training or apply for the relevant professional qualification certificate.

Article SixthA lawyer to handle the business principles of electronic data evidence

The lawyer for the electronic data evidence business shall comply with the following basic principles:

(a) technical specifications in accordance with the relevant provisions of national laws and regulations and general;

(two) shall bear the obligation of confidentiality to electronic data evidence involving state secrets, commercial secrets, personal privacy and personal information;

(three) using a combination of focus on electronic data evidence and traditional evidence;

(four) ensure the security, authenticity and integrity of the storage medium and electronic data evidence;

(five) to invite people with expertise to help if necessary.

The second chapterEvidence of electronic data evidence

The first sectionElectronic data evidence mode and flow

Article seventhLaw on electronic data evidence forensics work way and requirements

7.1 lawyers in the process of handling cases, can according to the case need to take the following ways to carry out electronic data evidence forensics:

(a) to guide the work on electronic data evidence;

(two) the development of electronic data evidence forensics;

(three) hire appraisal institutions appraisal of electronic data evidence;

(four) the application of electronic data evidence preservation notarization organ;

(five) the collection and preservation may apply to the people's court, the people's Procuratorate, the Arbitration Commission and other authorities to conduct electronic data evidence;

(six) fixed with the storage request network operator service providers and three party electronic data evidence.

7.2 lawyers take part (a), (two), (three), (six) ways to carry out electronic data evidence, can apply for a notary public notary, were videotaped the whole text record notarization or deposit mirror report of notarization.

7.3 lawyers take part (a), (two), (four) ways to carry out electronic data evidence, can make use of professional electronic data forensics equipment or software, electronic data evidence or seek identification institutions of professional and technical services, the collection of fixed and other related technical services.

7.4 lawyers take part (three), (four), (six) ways to carry out electronic data evidence, can assist in identifying mechanism, notary organs or the third party electronic data evidence to determine the scope and plan.

Article eighthThe lawyer with the public security and judicial organs of electronic data evidence

A lawyer to handle criminal cases involving electronic evidence, it shall report to the public security and judicial organs or, and according to the guidelines for electronic data evidence forensics.

Article ninthThe lawyer with the administrative law enforcement organs of electronic data evidence

The lawyer for the handling of administrative cases involving electronic evidence, can be reported to the administrative law enforcement organs or, and according to the guidelines for electronic data evidence forensics.

Article tenthThe application of electronic data evidence a notary public notary

10.1 electronic data evidence notarization mainly include electronic data evidence notarization (including content Webpage notary, notary, notary, e-mail, chat mobile phone data notary), electronic data evidence storage location and soft hardware environment notary, electronic data evidence notarization, the electronic evidence collection behavior legalization, notarization, mirroring replication behavior of electronic data evidence and Forensics report legalization etc..

10.2 lawyers according to the lawsuit need to apply for electronic data evidence notarization, notarized notary public project and can be agreed.

Article eleventhThe lawyer for the identification of institutions for the electronic data of judicial identification

11.1 digital forensic analysis is special measures for extracting, preservation, inspection of electronic data evidence, but also a special measures to examine and judge the electronic data evidence. It mainly consists of electronic data evidence content consistency determination, all kinds of electronic equipment or storage medium storing data content determination, all kinds of electronic equipment or storage medium data deleted content determination, encrypted file data content determination, a computer program or system identification, electronic data evidence of authenticity and forming process identification of.

According to the 11.2 law litigation need to entrust appraisal organization electronic data evidence of judicial authentication, identification and authentication institutions can be agreed upon project.

Article twelfthLaw on electronic data evidence forensics process

Lawyers to carry out or assistance, with the development of electronic data evidence, including the spot protection, periphery investigation, electronic data evidence collection and fixed and electronic data evidence analysis, judgement of links.

Article thirteenthLaw on electronic data evidence forensics work record

Lawyers to carry out or assistance, with the development of electronic data evidence, shall be recorded on the evidence collection process, and sign and date.

The second sectionOn protection and periphery investigation

Article fourteenthOn the protection of law on electronic equipment and environmental task

Lawyers may be found in the electronic data evidence in electronic equipment, should according to different situations to take timely measures, or assist with, control and protection of electronic equipment, the place where the access network environment.

Article fifteenthOn the protection of law on electronic equipment and environmental requirements

On-the-spot control and protection, the lawyer can take measures to avoid or prevent anyone to take any primitive operation may cause the change of electronic data evidence.

Article sixteenthLegal place of electronic equipment and environment of periphery investigation

16.1 on-the-spot control and protection, the lawyer can timely or help, carried out with the periphery investigation, the statements of the parties, the testimony of witnesses, documentary collection, fixed; also for electronic equipment purchase records, receiving records, records returned and were collected, fixed when necessary, and make related record, please sign to confirm the relevant personnel.

16.2 lawyer found that electronic equipment is running, and continue running may cause to the electronic data evidence loss or damage, should be based on the specific situation, take or assist with cutting off power, disconnect the emergency measures, such as shielding signal corresponding to the network. When necessary, the lawyer can help, or with emergency collection and fixed on the easy loss of electronic data evidence.

16.3 lawyer found that electronic equipment are displayed or generate the electronic data evidence, shall take or assist with take pictures, video, etc., record on the screen display content, and sign and date in the log.

The third sectionCollection and fixed electronic data evidence

Article seventeenthLawyers for electronic data evidence collection and fixed plan

17.1 lawyer to develop or assist in, with the development of electronic data evidence, may be necessary in people with specialized knowledge under the assistance, making data collection and fixed plan.

17.2 the data collection and fixed plan mainly includes:

(a) the purpose and scope of the field acquisition;

(two) the target device and range;

(three) the acquisition of division of labor and the responsible personnel;

(four) for electronic data evidence for required equipment, software forensics evidence;

(five) obtain on-site technical specifications used;

(six) the specific scheme of electronic data evidence for;

(seven) emergency measures or alternative data captured in the field.

Article eighteenthLegitimacy requires lawyers to make data collection and the fixed plan

Lawyers for electronic data evidence collection and fixed plan should pay attention to the legitimacy of evidence means, not by stealing, invasion and other illegal methods to forensics.

Article nineteenthLaw on electronic data evidence the first certification requirements

Lawyers to carry out or assistance, with the development of electronic data evidence, when necessary, by itself or recommendations to the extraction of fingerprint information on electronic equipment, acquisition of sweat, hair and other biological samples.

Article twentiethFor lawyers to carry out image of electronic data evidence replication requirements

20.1 lawyer to develop or assist in, with the development of electronic data evidence, have the conditions shall be made in the original storage medium mirror copies, and seal up the original storage medium, to avoid or prevent the original electronic data evidence any change. Mirror copies, with two copies should be.

20.2 because of objective reasons can not be sealed up the original storage medium or mirror copy, can take the write protection methods were collected and fixed on electronic data evidence, and keep the original storage medium.

Article twenty-firstThe security and integrity of the lawyers to make mirror copies

The 21.1 lawyers to make or to assist with the production, the original storage medium mirror copies, shall ensure that the original storage medium in which the security and integrity of the data.

21.2 because of objective reasons can not be sealed up the original storage medium or can not guarantee the integrity of electronic data evidence, it shall explain reasons and possible effects, and the written consent of the parties.

Article twenty-secondThe lawyer sealed electronic equipment, the matters needing attention of storage medium

The lawyer to seal up or assist, with sealed electronic equipment, storage media, attention should be paid to record the specific identification information (including the serial number, identity, user identification, brand, manufacturer, model, capacity), and annotated or inform the considerations for safekeeping.

Article twenty-thirdNote the lawyers to make mirror copies

23.1 law making, or assist with mirror copies can be made, or hire with relevant qualifications or ability to professional personnel, and record the check information which reflects the integrity of electronic data evidence.

23.2 when necessary, mirror copy report submitted notarized lawyer can contain a check information, for lodgment notarization.

23.3 because of objective reasons can not produce check information, the lawyer can take appropriate measures in time to the original storage medium for storage to ensure data integrity.

Article twenty-fourthLawyers for the attached information, related traces, system of environmental information data collection and the fixed requirements

24.1 lawyer to develop or assist in, with the development of electronic data evidence, can be collected and fixed with the electronic data information, affiliated Association marks, system of environmental information data.

24.2 of these ancillary information, related traces, system of environmental information data mainly includes:

(a) the state of the storage medium, to confirm whether there is abnormal condition;

(two) the running processes in electronic equipment;

(three) the user generated temporary file;

(four) the log file;

(five) operating system information, including system version number, registered owner, date of installation, the administrator and user account, login times, the last time the shutdown time;

(six) not yet permanent storage of electronic data;

(seven) a shared network drive, folder information and share option information;

(eight) the network connection information, including the dial information, VPN, wireless network connection and the connection name, network mapping information;

(nine) ensure a soft hardware information independent of electronic data storage media data;

(ten) the backup data and the owner, the backup time and other relevant information.

Article twenty-fifthThe lawyer gathered on the Internet and electronic data evidence fixing

25.1 for electronic data from the Internet on the evidence, the lawyer may apply for notarization notary organ preservation, or apply to the people's court or arbitration before lawsuit evidence preservation before.

 25.2 in accordance with the provisions of this chapter apply for preservation, shall comply with the relevant provisions of the civil procedure law, and referring to China Notary Association "for Internet electronic evidence preservation notarization guidance" and the A "electronic data evidence notarization preserves" the relevant provisions.

Article twenty-sixthCollection and fixed electronic data evidence law does not dispute the parties, the Archives Department of the normal storage

 Electronic data evidence 26.1 there is no dispute regarding the interested parties or the archives department normal safekeeping, lawyers can be used, such as printing photos into paper documents, and indicate the print, photographs of the time, place, invite parties or evidence Holder Signature on a paper document that, when necessary, invited to witness testimony, were audiotaped video or through third party making extraction record.

 26.2 for the conversion of paper documents, can be kept in accordance with the approach to documentary evidence.

Article twenty-seventhThe lawyer gathered on electronic data evidence in the interactive equipment and fixed

 27.1 interactive electronic equipment for electronic data evidence, lawyers can be fixed and the preservation of electronic data evidence for the electronic equipment, and can also be fixed and the preservation of the other party, the third party (such as communication network service providers) electronic data evidence in electronic equipment.

Electronic data evidence 27.2 fixing and preservation of the other party, the third party hold, can take the following two ways:

(a) by the other party, the third party electronic data query and fixed relevant evidence, necessary for notary organs legalization of forensics process;

(two) through to the people's court for investigation and evidence preservation before litigation way, to the other party, the third party access to electronic data evidence.

27.3 counsel to the people's court for investigation and evidence preservation before litigation, accurate location can be submitted for storage of electronic data evidence to the court of the electronic equipment or storage media.

Article twenty-eighthMatters needing attention, storage, transfer, lawyer transport using electronic equipment, storage media and electronic data evidence

 28.1 electronic equipment, storage medium and electronic data evidence of transportation, safekeeping shall do a good job, shockproof, moisture-proof antimagnetic thermal protection, and other measures, avoid the equipment damage, medium or data changes. In addition to the above general protection measures, for the mobile communication network connected device can also take special protective measures signal shielding.

 28.2 lawyer in custody, transfer or use of electronic data evidence and the carrier, can synchronize the production of record keeping, transferring records and use the corresponding record.

The third section A  Notary preservation of electronic data evidence

Article twenty-ninthThe lawyer may apply to the notarization of evidence preservation of electronic data

 The lawyer for the notarization of evidence preservation of electronic data, may request the notary organ with screen recording software or video recording. The preservation of Webpage, in addition to the Webpage, can apply for to be notary preservation on the Webpage snapshot or reproduced.

Thirtieth electronic data evidence notarization preserves operator

 30.1 lawyer for electronic data evidence preservation notarization of notary, legal behavior can conduct operations were performed by the parties or their agents, the notarial legal events should be proved by notaries personally operation.

30.2 where conditions permit, shall be made by a notary public as a data collection and the fixed body, guide and asked the lawyer to only the relevant work objectives, methods, steps.

Technical scheme and plan thirty-first electronic data notarization of evidence preservation

 For electronic data evidence collection and fixed, shall be made by the people with specialized knowledge or notary personnel according to the technical scheme worked out and planned operation. The illegal operation behavior legalization process, a lawyer should be timely to the notary office or notary personnel.

Thirty-second electronic data evidence notarization preserves the place

 The lawyer for the notarization of evidence preservation of electronic data, should be in the notary office or professional technical service institutions of the workplace. Due to the technical constraints and other objective reasons need to be in the party to the workplace, lawyers can be recommended to the notary Notary network environment, electronic device used for cleaning and inspection.

Equipment used thirty-third electronic data notarization of evidence preservation

 The lawyer for the notarization of evidence preservation of electronic data, provide the use of a notary public or professional technical service institutions should in principle. Due to the technical constraints and other objective reasons need to use the party apparatus, the lawyer can clean check recommendations for notarization notarial personnel on the computer or other device, network environment.

General requirements thirty-fourth the notarization of evidence preservation of electronic data

 The lawyer for the notarization of evidence preservation of electronic data, suggest that notary personnel to ensure the integrity of the electronic data, ensure that the computer system, software and analysis method must be trusted; remind the notary process with faithfully record the entire notary, recorded content should be true, objective, accurate, complete and clear, recorded text or video shall properly keep the.

Special measures thirty-fifth electronic data notarization of evidence preservation

 For the following electronic data evidence for the notarization preserves, the lawyer can take extraordinary measures suggest notaries:

(a) for electronic data set technical barriers print evidence, detailed records, complete print break barriers;

(two) the need for electronic data evidence for download, pay attention to whether be restricted to download, if be limited through the whole video preservation;

(three) for the telephone recording, electronic audio chats and other electronic data contains words content evidence, review, verify the statements of the identity of the specific words.

The legitimacy of the thirty-sixth electronic data evidence notarization preserves requirements

 Electronic data evidence preservation notarization, the lawyer can advise notary personnel pay attention to legal means to obtain evidence, examine and verify the operation of human rights, to prevent the infringement of privacy and the right of personal information and other legitimate rights and interests.

Thirty-seventh electronic data evidence notarization examination

 Issued by a notary public notarization, the lawyer shall timely review of its form and content. Does not meet the requirements, form errors recorded, shall timely request notaries correction.

The fourth sectionAnalysis of electronic data evidence

The thirty-eighth article of the law may carry on the examination and analysis of electronic data evidence

 In order to find out the facts of the case, the lawyer may carry on the examination and analysis of electronic data of electronic equipment or storage medium evidence. Need to take technical means, the lawyer can invite and assist, with people with expertise to work together to develop the electronic evidence, test data analysis program. When necessary, the lawyer may entrust authority or apply for judicial identification.

Analysis of thirty-ninth article of the law on electronic data evidence inspection principle

 Analysis to carry out the work of inspection of electronic data evidence law, in principle should be carried out or take the write protect mode in copies.

Methods fortieth article of the law on the inspection of electronic data evidence

 Analysis to carry out the work of inspection of electronic data evidence law, can be carried out in accordance with the staff, time sequence, the facts of the dispute and other factors, it may be necessary to hire people with expertise to take data search, data recovery, data recovery for technical assistance.

Analysis of forty-first article of the law on electronic data evidence inspection purpose

 Analysis to carry out the work of inspection of electronic data evidence law, should pay attention to comprehensive access to data, information, content of affiliated Association traces and the system of environmental information, comprehensive evaluation.

Analysis of forty-second article of the law on electronic data evidence inspection skills

 For lawyers to carry out inspection of electronic data evidence analysis found that the electronic data evidence, can be expanded to find clues in other electronic data evidence and traditional evidence, to rebuild the virtual space of the facts of the case.

The forty-third article of the law of evidence inspection of electronic data can be with the aid of judicial expertise

 43.1 for the authenticity of the professional issues involved in electronic data evidence electronic equipment or storage medium in the presence of doubt, a lawyer may entrust authority or apply for judicial identification or professional review, you can also collect evidence, the traditional fixed on or from the third party electronic data evidence to prove.

43.2 in accordance with the provisions of this chapter shall be special provisions of judicial authentication, refer to the section "A digital forensic".

The fourth section A  Electronic data of judicial identification

The main project of forty-fourth electronic data of judicial identification

 According to the national development and Reform Commission and the Ministry of Justice issued "judicial authentication fees management approach" the relevant provisions, the main project digital forensic includes hard disk inspection, inspection, testing, mobile phone server registry examination, software consistency inspection, software function test, file consistency inspection and authentication, data recovery, password cracking, electronic data identification document review.

The forty-fifth article of the law review of digital forensic subject

 The lawyer for the electronic data of judicial authentication, attention should be paid to examine and judge the judicial authentication institutions and personnel identified about whether have the corresponding qualifications and professional software and hardware equipment.

The forty-sixth article of the law on judicial authentication of electronic data fit

 The lawyer for the electronic data of judicial appraisal, can be maintained with the identification of institutions, the process of electronic data fixed extraction and details related to the identification of personnel in a timely manner to make statements and instructions.

The forty-seventh article of the law review of the electronic data of judicial identification document

 Lawyers in the received identification documents issued by a judicial authentication institution, shall review. Discovery of identification documents do not meet the requirements related to the content and form, shall be submitted to the judicial authentication institutions require correction; for the existence of doubt the identification process and expert opinions, the lawyer shall timely request of judicial authenticators to interpret and explain.

The fifth sectionElectronic data evidence examination and judgment

Principle forty-eighth lawyers to review the judgment of electronic data evidence

 Lawyers for electronic data evidence examination and judgment, should follow the principle of non discrimination. Not only in the electronic form of evidence on the grounds to restrict or deprive of the evidence and proof.

Forty-ninth lawyers to review the judgment of electronic data evidence

 The lawyer the evidence ability and the certificate strength on electronic data evidence review and judge, should focus on the examination of electronic data evidence of legitimacy, relevance, originality, authenticity, integrality and sufficiency.

Whether the fiftieth law on electronic data evidence legality review

 Lawyers for electronic data evidence in the party by illegal means or manner or electronic data collection of serious violations of the legitimate rights and interests of others to obtain evidence, should avoid to court; for electronic data collection but there is lack of the procedure, procedural issues such as evidence, shall take the appropriate method to be reinforced or transformation.

The fifty-first article of the law on the relation between electronic data evidence examination and judgment

 Association of lawyers to review the electronic data evidence, should be combined with the facts to be proved for review, when necessary, can be assisted by technology review.

The fifty-second article of the law on electronic data evidence the integrity and authenticity of the examination and judgment

 Integrity and authenticity of 52.1 lawyers to review the electronic data evidence, can be the following aspects:

(a) electronic data evidence collection, keeping the body;

(two) electronic data evidence whether the normal operation of electronic equipment and;

(three) electronic data evidence is generated automatically by the electronic equipment;

(four) electronic data evidence whether the content is complete extraction and accurate replication;

(five) on peripheral information collection is a comprehensive;

(six) collection, keeping records is a complete evidence chain of custody;

(seven) methods, the custody of the original medium and can ensure that the change of electronic data evidence among them to submit without substantial.

52.2 when necessary, the lawyer can content on electronic data evidence hire people with expertise and forensics measures for the technical review, determine the existence of technical problems.

The fifty-third article of the law on adequacy of electronic data evidence examination and judgment

 The lawyer examined to determine the adequacy of electronic data evidence, shall constitute a complete system of evidence between the electronic data evidence, electronic evidence and traditional evidence.

The fifty-fourth article of the law on the special disposal of electronic data evidence after

 54.1 lawyer to check and judge on electronic data evidence that other beings electronic data evidence in Internet service providers, web sites and three party, can apply for the right of investigation or organs.

 54.2 lawyer to check and judge on electronic data evidence that the other party hidden electronic data evidence, can apply for department shall order the other case submitted by the party.

The third chapterElectronic data proof of evidence

The fifty-fifth article of the law on electronic data evidence of the principle of burden of proof

 Counsel submit electronic data evidence to the court, in principle should submit electronic data evidence which the electronic equipment or storage medium. Because of objective reasons can not be submitted, it shall explain the reason.

The fifty-sixth article of the law on electronic data evidence way

 Counsel submit electronic data evidence to the court, can print, forensics report, authentication opinions or notarized documents etc; when necessary, also can be the electronic data evidence summarized by list mode, and to report to explain the.

The fifty-seventh article of the law on electronic data evidence skills

 57.1 lawyer to court to submit electronic data evidence needs to display, can according to the specific type of electronic data evidence, with the help of multimedia equipment show, broadcast or demo. When necessary, the lawyer can employ specialized knowledge of operations, and make a description of relevant technology and interpretation.

57.2 electronic data evidence display should be complete, comprehensive display of data, information, association affiliated traces and system environment etc..

The fourth chapterEvidence of electronic data evidence

The fifty-eighth article of the law on electronic data evidence content

 Lawyers for the quality certification of electronic data evidence, can focus on electronic data evidence, proof strength contents.

Quality certificate the fifty-ninth article of the law on electronic data evidence legality

 Lawyers for electronic data each other using illegal methods to obtain evidence, can apply to the court to exclude.

The sixtieth article of the law on the authenticity of electronic data evidence and the complete application confirmation

 For the following electronic data evidence in the submitted by other objections, but lacks sufficient contrary evidence to refute, lawyers can request the court to confirm its authenticity and integrity:

(a) kept by the public resources website, reliable archives, the other party website;

(two) automatically generated by the electronic equipment credible or not open source software;

(three) ensure a safe electronic signature, electronic authentication measures measures or other appropriate security measures;

(four) the data content, information, association affiliated trace and system environment information highly consistent;

(five) each other between, electronic data evidence with independent sources of electronic data evidence and traditional evidence.

The sixty-first article of the law on electronic data evidence way

 For the professional issues of electronic data evidence, lawyers can apply the following methods to solve:

(a) simulation of the court;

(two) for the expert witness to explain;

(three) the application of judicial identification;

(four) other reasonable methods.

The sixty-second article of the law on electronic data evidence to the inquiry right

 62.1 objections or questions regarding electronic data evidence appraisal opinion, a lawyer may apply to the court for judicial appraiser in court to answer questions.

62.2 for electronic data evidence notarization objections or questions, a lawyer may apply to the court for a notary personnel to accept the question.

62.3 when necessary, the lawyer can hire people with expertise to help the inquiry.

The fifth chapterLegal advice on electronic data evidence

The sixty-third article of the law to provide electronic data evidence legal advisory service content

 Lawyers can provide legal consulting services in accordance with law on electronic data evidence:

(a) the legal norms of electronic data evidence;

(two) the relevant technical rules of electronic data evidence;

(three) system on the difference between Chinese and foreign electronic data evidence;

(four) electronic data evidence, evidence, cross examination and authentication method;

(five) the application of electronic data evidence in concrete cases;

(six) other legal issues on electronic data evidence.

The sixty-fourth article of the law to provide electronic data evidence legal consulting service skills

 Law on electronic data evidence legal advisory services, shall pay attention to the differences between the legal system of different countries, and the technical characteristics and combining with the practical experience of electronic data evidence.

The sixth chapterSupplementary articles

Sixty-fifth guidelines and interpreter

 These guidelines are formulated and interpreted by the all China Lawyers association.

Effect of sixty-sixth guidelines

 The guidelines are only guidelines recommendations or behaviour of a reference class file. The lawyer is not taken or not refer to the guidelines for electronic data evidence in the business, does not necessarily constitute a professional misconduct.

Revised sixty-seventh guidelines

 This guideline mainly according to the existing information technology and the laws and regulations, and amended according to the law of the development and change of technology.

The implementation date sixty-eighth guidelines

 The guidelines on the date of promulgation.

(the guidelines by the national Lvxie information networks and high tech Law Committee responsible for drafting, main author is Pinxin Liu, Zou Yi, and Zou Jinpei, Wang Yongquan contribution, Cai Haining, Yu Jianjun, Hu Shibo, Zhan Zhaoxia, Liu Yumei, Chen Lan, Xu Zhiqiang, Xie Junze, Lv Hongqing, Jiang Xiaoliang, Chi Guirong, Huang Ling, Xia Wei, Zhao Yun, Feng Shibai Wu Xudong, Liu Chunquan, Zu Xiaotong, Li C J, Che, Fei Zhenyu, Ceng Li, Qian Jun, Chen Chunhua, Wang Jifeng, Chen Jihong, Shen Guoqing, Yu Weifeng, Ma Kewei, Alex power, Shou Bu, etc.)

Annex 1Explanation of terms

 The 1 mirror copy. Mirror copy is an exact copy, refers to the use of special equipment in read-only conditions or software, using the alignment (bit to bit) principle of one-way replication, comprehensive, lossless copy of samples in the data. Mirror copy can change does not occur in the original electronic data, ensure that the mirror copy of the original data and samples in the data is consistent.

 2 check information. Check the information here refers to the process of image replication by mirror image duplication equipment or mirror copy software through the verification algorithm, hash of the specimens or copies of data calculated values (also known as Hashige). The possibility of repeat almost does not exist the hash value, often be used to verify the data of original sample data and the mirror copy consistency.

 3 write protection. Write protection is a kind of to ensure protection method does not change the original data in check, inspection and analysis of electronic data through software and hardware equipment of certain. Its functions include prevention of electronic data error operation, anti virus.

 4 shielding signal. Shielding signal is mainly aimed at the mobile communication device, commonly used means of signal shielding bags, mainly used for RF signal shielding mobile phone signal, Wi-Fi signal, the wireless Bluetooth signal common. Because the network information push, short message or call may cause the original data in mobile communication equipment failure, in practice often use shielding signal way to ensure the origin of electronic data.

 5 software consistency test. File consistency test is compared with the software, document analysis, to determine samples of software, documents and sample software, file consistency inspection activities.

 6 interactive electronic equipment. Interactive electronic equipment can refer to the electronic equipment to access each other through the network, Bluetooth, infrared, data line connection.

Annex 2The general process of electronic data evidence

Annex 3Electronic equipment extraction work record