Reprinted from: Dunshan Passerby
The reliability of the electronic data identification results is relatively a test of the personal technical ability on the one hand, and the ability of the tool software on the other hand. The comprehensive reliability of the two is a potential risk for whether the case itself is worthy of acceptance in forensic science, and it will also become a potential risk. It is a potential threat to the legal risk of experts and judicial personnel, and the parties and lawyers are also blind at their own risk.
Forensic appraisal, when the "Decision of the Standing Committee of the National People's Congress on the Administration of Forensic Appraisal" was released in 2005, the development of computers or the Internet should be considered a child's age compared to today, so the appraisal at that time was more focused on the appraiser. Reliability is not managed. The rapidly developing field of forensic identification is electronic data, and the development path of identification objects needs to change from accumulation to big data and artificial intelligence. Although there are many scientific and technical methods used in identification, due to the particularity of identification, It is sometimes embarrassing to use self-made, self-developed or commercially procured new technologies and methods, scripts, and software. Forensic science is a matter that requires research and experience. It is centered on trial, although it increases the judge's experience. However, when his ability and responsibility are tested more, it may lead to a situation where judicial justice is extremely inconsistent with the expectations of the public.
As an extreme example, forensic identification was carried out on a basically emptied mobile phone. Three forensic software failed to detect the required short message, and only one forensic software made the existence of the text message. The four softwares are commonly used and reliable software in the industry. At the same time, after the text message is found, after searching for the location of the text message extraction, several skilled masters manually confirmed that it exists. Question 1 : Who can be trusted from a technical point of view? Question 2 : From the perspective of entrusted appraisal, it is usually done once and it is over. If you need to do 4-5 software, or manual analysis requires 4-5 people to get the answer, the legal cost and feasibility how many?
The amount of data produced by the three software is different, but it is much less than this
人员的能力，无论是人大228决定，还是司法鉴定通则，或者公检的相关鉴定人管理中，在越来越智能化和依赖工具软件化的状态下，只能是不断提高能力和责任心。而更大的责任，要落在司法鉴定工具软件开发上，相对来说软件直接获取出来的电子数据，再次修改的可能性小，保证了证据的二次原始性，完整性，鉴定人可以干预的时候应该少。
就个人觉得，虽然目前软件开发已经有了很多标准，比如：计算机软件开发规范 GB8566-88、计算机软件产品开发文件编制指南GB8567-88、计算机软件需求说明编制指南GB9385-88、计算机软件测试文件编制规范 GB9386-88、信息处理-程序构造及其表示法的约定GB/T 13502-92、计算机软件单元测试GB/T 15532-95、软件维护指南 GB/T 14079-93、计算机软件需求说明编制指南GB/T 9385-88、计算机软件测试文件编制指南GB/T 9386-88、计算机软件质量保证计划规范 GB/T 12504-90、计算机软件可靠性和可维护性管理GB/T 14394-93、软件产品评价质量特性及其使用指南GB/T 16260-96。但是在司法鉴定使用工具软件开发、升级方面，我想应该也是在执行这些标准吧，但是出来的时候，有时候实效让人感觉很不满意。比如做一个镜像在基本信息、邮件解析、即时通讯方面的差异天差地别，比较是标配全面的取证工具，那么就应该是全面的都能过关。
From a one-sided point of view, the power to update the tool software lies with the supplier, and the responsibility also lies with the supplier. The identification method of CNAS-CL08 is selected and confirmed. Sometimes in practice, the difficulty factor will be too large, and it can only be turned into that the identification will either exceed the laboratory's ability and will not be accepted, or it is equivalent to improving the appraiser. Require. In fact, personally speaking, to ensure the reliability of the identification, follow the result guarantee of CL08 , learn from 5.9 of CNAS-CL45 of the software testing laboratory, and release the software after the reliability of the identification is done. a very important thing.
Relevant management, whether it is the relevant certification and accreditation in the decision of the National People's Congress, or the unified testing and accreditation of the software copyright management department, as well as the relevant state agencies such as the Public Security, Procuratorate and Law Department, is multi-faceted, which has created a vigorous economic development and has also created the current customer's recognition. degree these subjectively. Naturally, it is also difficult to do. After the first release, after applying for copyright, the version will be updated at any time according to the actual needs. This process is very tiring, and it will take several months. However, the reality changes so fast, and the update speed is extremely fast. Fast, I can't keep up with it all the time, and it affects the whole body. Sometimes the nature of business and service-oriented, as well as judicial practice, or all aspects of society, are a balance. In general, no matter what standards and certifications It doesn't matter if it is recognized, as long as the purpose of judicial justice can be achieved.
Having said too much, it is still necessary to ensure the quality. The more intelligent the social era, for the sake of socialism, it is difficult to be easy, and it is more difficult than it is. Difficult things in the world must be done easily; great things in the world must be done in detail.