ASP动态网站信息电子取证方法

本文综述了对于asp类型网站的电子取证知识及应用技术。分别从ASP网站结构、IIS信息及日志文件的获取、网站文件内容的取证、后台数据库信息的获取几个方面展开进行介绍。     

Visualization of biological traces on evidence by ninhydrin

Because of possible contamination of samples with PCR inhibitors and to avoid the typing of mixed profiles the source material for forensic DNA investigations should be collected as directly and securely as possible from the evidence. This approach requires a detectability of the source material which is often not given. The procedure introduced here using selected cases enables visualization of DNA-containing materials on evidence and hence controlled analysis. For this purpose the specimen is treated with ninhydrin. A following dye reaction verifies the presence of biological material, which possibly contains DNA. An impact on subsequent STR-analysis was not observed.     

电子物证检验

目的阐述电子物证检验技术的专业内容和组成,以及开展电子物证检验的作用和重要意义;方法研究美国、欧洲和国内电子证据及其检验鉴定的数据资料,结合国内物证检验技术发展现状和需求,论证电子物证检验技术;结果提出了电子物证检验定义、检验对象、技术方法、特点作用以及尽快在国内建立电子物证检验专业等观点;结论电子物证检验是关于识别、发现、提取、保存、恢复、展示、分析和鉴定电子设备中存在的电子信息(电子证据)的科学技术,其检验结果可以作案件侦查线索或法庭证据。开展电子物证检验可以有效提高犯罪侦查效率。     

论电子商务中的电子证据

本文对电子证据与传统证据进行了分析对比,指出了电子证据的特征,提出了对电子证据的可采纳性与证明力,以及在诉讼和仲裁中如何审查判断、使用电子证据等,发表了有见地的观点,对立法机关和司法实践都有一定的参考价值.     

Water-soaked evidence: detectability of explosive traces after immersion in water

Various factors governing the detectability of explosive traces after being soaked in water were studied. The variables are: the type of the surface (surfaces liable to be found in aircraft were chosen), the type of explosive, the type of water (tap or seawater), and movement of the immersed surface in the water. The maximal immersion times (tmax) after which explosive detection was possible were evaluated. This datum was found to depend on the type of explosive (one of the important factors is solubility in water), the surface material and the environmental conditions (tap or seawater movement). Detection of PETN on high-density polyethylene, linoleum, glass and aluminum, by the chemical Explosive Testing Kit (ETK), was possible even after a month of soaking in seawater. In addition, it has been found that movement of bulk water around the samples with deposited explosives considerably decreases tmax values. It is, therefore, recommended to retrieve samples for explosive analysis as soon as possible and in areas where the currents of water is minimal.     

网络电子证据取证技术综述

本文综述了网络电子证据的相关概念、特点、取证技术以及发展趋势。     

Legal admissibility of electronic evidence1

The use of computers and digital media in unlawful activities has increased so dramatically that investigation of any criminal activity may nowadays produce electronic evidence. However, the rapid growth in the number of criminal cases involving electronic evidence has all‐too‐often found law enforcement and the judiciary badly prepared to deal with the new issues created by this evidence. The gathering, conservation, communication and presentation of the computer‐derived evidence must fulfil legal requirements with regard to the admissibility of the evidence. Electronic evidence that was gathered in a way that was not in accordance with the law will be declared inadmissible and be ruled out of court. This report aims to briefly present the core principles of the law when handling electronic evidence. Therefore, this paper examines the conditions of admissibility of evidence in four European countries. In order to be complete and to give an interesting pan‐European view on the question, the English law system has been chosen to illustrate the functioning of the rules relating to the evidence in a country ruled by common law.     

The traces of smokeless gunpowder

The experimental investigation resulted in detection of new specific and characteristic signs of smokeless powder. Additional tests for determination and differential diagnosis of smokeless powder variants were suggested.     

The intellectual adolescence of organizational justice: You've come a long way,maybe

To highlight the advances and limitations in the study of organizational justice as reflected by the articles in this issue, the field is characterized as being in its intellectual adolescence. Following this analogy, some signs of scientific maturity are noted. Among these are (a) increased attention to the connections between organizational justice and various organizational processes, (b) expanded efforts toward conceptual refinement, and (c) greater reliance on research conducted in natural settings. At the same time, the adolescent state of the field is also marked by its intellectual awkwardness and immaturity. Indications of this include (a) the absence of guiding theory, (b) an underdeveloped research agenda, and (c) an overreliance on the use of ad hoc measurements. Based on these limitations, suggestions are made for ways of nurturing the field's development. The article concludes with an optimistic vision of tomorrow's field of organizational justice.     

A new computer-assisted possibility for evaluating the evidence value of textile fiber traces

This paper deals with the possibility of coding synthetic textile fibers. Using a small data bank the efficiency of a computer aided data search is demonstrated. It is intended to build up a large collection of textile fibers and to determine at least approximately the frequency of a certain fiber type. If this can be achieved the forensic scientist who has to examine textile fibers in case work will be able for the first time to answer the question about the frequency of an incriminating fiber, a question which is often asked in court.     

The impact of licensed-knowledge attributes on the innovation performance of licensee firms: evidence from the Chinese electronic industry

In this article, we provide a compelling case for demonstrating “learning-by-licensing,” and we further investigate the moderating effect of specific licensed-knowledge attributes on the innovation performance of licensee firms. This case is based on a unique dataset from the China State of Intellectual Property Office regarding technology-licensing activities and spanning the years 2000–2010. Using this dataset we make a longitudinal analysis of the lagging learning effect that transferee firms experience when they in-license technology. The empirical results from 71 Chinese electronic-industry firms reconfirm the concept of “learning-by-licensing.” Moreover, the results also indicate that both technology complexity and technology generality, which are attributes of licensed knowledge, have positive moderating effects on the relationship between technology in-licensing and the subsequent innovation performance of licensee firms. However, such a positive moderating effect was not found for the newness of technology.     

公务员培训的有效方法——“双讲式”培训

有关公务员培训方式方法问题越来越成为培训者与受训者所普遍关注的问题。方法的多样与创新使培训收到了越来越好的效果,其中,双讲式培训方法就是有效的培训方法之一。本文就什么是双讲式培训方法,以及双讲式培训方法针对公务员学习的适用性、具体实施等问题进行了阐述。     

Weakening forensic science in Spain: from expert evidence to documentary evidence

An amendment in 2002 to the Spanish Code of Criminal Procedure converted into documentary evidence the expert reports prepared by official laboratories aimed at determining the nature, weight, and purity of seized drugs. In most cases, experts are spared from appearance before the courts. This is likely to be extended to other forensic fields. After an overview of criminalistic identification in current forensic science, the objectivity and reliability concepts used by jurists and scientists are considered by comparing the paradigm of individualization with that of likelihood. Subsequently, a detailed critical study is made on the above-mentioned Spanish legal reform, and a comparison is made with the decision on the Melendez-Diaz v. Massachusetts case as ruled by the Supreme Court of the United States. Although the reform is in compliance with the Spanish Constitution, it is at odds with science, in particular regarding the logic underpinning the scientific evaluation of evidence.     

中国证据法改革者面临的选择—— 从《联邦证据规则》与《加州证据法典》之对比中获得的启示

美国《联邦证据规则》作为英美成文证据法的典范,常常受到我国学者的青睐.但该规则并非可资借鉴的唯一美国模式.生效于1967年的《加州证据法典》被普遍认为在对普通法规则的修正方面获得了成功.其影响不仅限于加州地区,而且美国《联邦证据规则》中许多条款都曾以《加州证据法典》中的相应规定为范本.但在许多情况下,《加州证据法典》与《联邦联邦规则》在调整同一问题的规定之间也存在着明显的差异,它们体现了起草者不同的政策选择.理解这些差异有助于中国证据法改革者做出最契合本国文化和法律价值观的证据性选择.