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On The Establishment And Use Of Electronic Evidence

Posted on:2003-11-16Degree:MasterType:Thesis
Country:ChinaCandidate:W LiFull Text:PDF
GTID:2156360092960069Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
While network technology has not only brought us great wealth, it but also caused strong impact on traditional rules about behavior and social orders. All kinds of disputes and crimes resulted from using of network has posed greet challenge to our law. How to establish and use electronic evidence to settle network lawsuit has became a thorny issue confronting the circle of legal theory and the circle of legal practice .The article puts forward some Views concerning the concept of electronic evidence,the legal status of electronic evidence,the application of electronic evidence in proceedings and legislative conception Electronic evidence is the corresponding electronic date produced during the operation of computer system. It includes computer procedure and those data message processed in the course of running the computer system. The electronic evidence includes the data interchange,E-mail,telegraph, telex or fax; bulletin board system,electronic money and electronic signature etc . Its qualities of high technology ,accuracy,objectivity,intangibility,multi-median,fragility and indirectness distinguish itself from the traditional evidences.There is nearly no legislation about electronic evidence in our country. The important question is to establish the legal status of electronic evidence. ectronice evidence has evidence's inherent qualities of objectivity,relevance and legality which are the basesof establishing the legal status of electronic evidence .As the qualities of high technology,intangibility ,multi-median of electronic evidence make it different from such traditional evidence as audio-visual material,documented evidence etc. Therefore, in legislation, electronic evidence should be established as an independent category of evidence .The value of study of electronic evidence lies in the application of electronic evidence in the proceedings. 1,the collection and preservation of electronic evidence. It mainly includes the problems of the legality of collecting the electronic evidence, and the way of collection which includes the fixing and conserving of electronic evidence ,notarization ,the verification of electronic evidence etc. 2,The reviewing and judging of electronic evidence. It includes the reviewing and judging of electronic evidence from the following aspects: the origin of electronic evidence ,the contents of electronic evidence ,the relevance between electronic evidence and the facts to be proved and the legality of collecting electronic evidence etc. and by combining with other evidences, thus determining its weight of proof.The article, after briefly introducing the survey of legislation about electronic evidence in many countries, mainly analyses the establishment as evidence of electronic evidence in British and America because of the breakthrough made in the hearsay evidence rules and best evidence rules. As there is no legislation about electronic evidence in our country, the article puts forwardsuggestions of legislation about electronic evidence, and point out that our country should draw lessons from many countries' experiences in the legislation about electronic evidence to push forward the process of legislation about electronic evidence in our country...
Keywords/Search Tags:Electronic evidence, legal status application in the proceedings, legislative suggestion
PDF Full Text Request
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