Electronic Evidence

Evidence system is one of the core parts of the procedural system. As a new product of the combination of law and science, electronic evidence has attracted much more attention. Under such condition, many problems such as the confusion of evidence type ownership, the difficulty of evidence collection and the lack of the evaluation rule of evidence are exposed with the disclosure of the intrinsic characteristics of electronic evidence. To solve these problems, measures must be taken to construct the evidence rule and make a full use of computer technology, meanwhile, pay attention to the combination of the following factors: legal ideas and technologic concepts, the accumulation of practical experiences and the refinement of rational thoughts, the gradual localization and the foresighted forecast, the reference of foreign judicial experiences and the adaptability to Chinese basic condition.This paper is divided into 7 chapters as follows:The first part of this paper mainly involves the contents of electronic evidence's fundamental theories and forms and also its characters and legal position.Chapter one analyzes the background of the application of electronic evidence, the interaction between electronic evidence and evidence theory and the general situation of legislations on electronic evidence respectivelyThe modernization of procedural ideas and means has further catalyzed the application of the electronic evidence in judicial practice. And with the appearance of the electronic evidence, the ideas of the application of evidence present a scientific trend, which leads to the expansion of the connotation of evidence judgment doctrine. In international society, the main legislations about electronic evidence include: Convention on Network Crime of European Union in the criminal aspect, Model Law of E-commerce of the United Nations in the civil aspect and so on.Chapter two further analyzes the intrinsic characteristics of electronic evidence by sorting out its forms. According to different standards, electronic evidence can be classified in different ways. Several forms of electronic evidence are introduced in this paper: electronic data exchange, E-mail, electronic stamped signature, electronic currency, information on electronic announcement service and telegram, telex and fax. "Electronic" can be understood as follows: the technicalization of the course of production, the intangibility of existent form, and the mediumzation on display. And also the electronic evidence is a kind of special "entity" and "contradiction".The electronic evidence can be defined as follows: electronic evidence is a kind of material which evolves from the technological environment of electron and can be used as the evidence and material and its derivatives. And further explanation to electronization can be made: the technicalization of the course of production, the intangibility of existence form, and the mediumzation on display.Chapter three conceives the legal position of electronic evidence. We should treat the question of " rectifying name" on electronic evidence by a progressive way and with the attitude of integration.The course can be divided into three stages: the expansion of connotation; the appearance of the evidence taking electronic evidence as key content in other evidence types; forming the real independent position.The second part of this paper mainly involves electronic evidence rules. The completion of relevant rules plays an important role on the harmony of virtual network-society.Chapter four analyzes how to rule out illegal electronic evidence in accordance with illegal evidence exclusion.Using illegal evidence exclusion to adjust electronic evidence is to realize its...