On Electronic Evidence

With the appearance and development of the Internet, the human society is undergoing a drastic change and revolution. The internet technology has not only brought man great wealth but also caused strong impact on human behaviors and social orders. Meanwhile, disputes concerning the using of networks and even crimes occur consequently, thus challenging our current laws. And the key issue to the problems lies in the application of electronic evidence.By electronic evidence, we mean those electronic data being stored in computer, or those data message generated in the course of running the computer system, including the programs and information being processed. With those qualities of high - technology, digitalization, multi - median, fragility, non - fictitiousness, globalization, and its decentralized management, the electronic evidence distinguishes itself greatly from traditional ones. These new evidence includes, yet not restrict to the electronic data interchange, Email, telegraph, telex or fax, bulletin board system, electronic money, and electronic signature.As to the competency of the electronic evidence, it requires the accessibility to the evidence. Different countries of different systems have different barriers in the admission of the electronic evidence. And the past breakthrough made in the heavsay evidence rule and best evidence rule has solved to some extent the problem of qualifying thoseelectronic evidence. As the legal system in China is far from being perfect, and the electronic evidence differs greatly from the traditional audiovisual reference materials, documented evidences, and expert's conclusions.Hence the electronic evidence should be established as an independent category of the eighth kind. From the aim of a unify evidence Law, which is based on the follow reasons: reality and forward position of legislative purpose; The development of science and technology, development of economy of expand of society and the growing perfection of Law are a variable process; The present sorts of evidence are contradictory to electronic evidence, but consistent to dominion of Internet arbitration or lawsuit and adjustment range.As to the value of this new category, with objectivity, relevancy, and legality as its sufficient conditions, these natures must coexist with each other in electronic evidence. When inspecting or appraising its effect of evidence, we should consider the facts of generated, sent, received, stored data message and protecting the reliability of information integrity. While cross- examining, the parties should cross- examine, explain or refute on attitude and more or less the effect of evidence on its objectivity, relevancy, and legality.As to the rules of electronic evidence, it requires a perfect system based on relevant procedures. These very rules include:1. Electronic evidence obtaining rule -rules relating to thetaking fixing and conserving the evidence, and those concerning the legal statute of ISP and ICP, notarization and discovering, etc.2. Electronic evidence adducing rule - rules relating to theprescription, manner, and responsibility of the evidence.3. Electronic evidence checking and testifying rules-rules re-lating to the presentation and cross - examination of the evidence while in examining and judging.4. Electronic evidence adopting rule-rules applies to the evidence taking procedure, evidence construction, judicial cognizance, the taking of evidence in court, the probability evidence and those expressed in courts verdict.In legislation, electronic evidence should be one inevitable part of the Unified Evidence Code. On the suggestion of legislation, the article put forward a systematic train of thought and stylistic rules and layout of setting up the Electronic Evidence Ordinances.