On Electronic Evidence

With the ever-changing of electronic technology and computer equipment, most government and business rely on electronic technology; meanwhile, disputes which involve all kinds of cases of civil, administrative, criminal depend on electronic evidence. The electronic evidence is a new type of evidence, and the concept, the admissibility, the adoption of it have been paid great attention. In responding to the challenges, some international organizations and nations have enacted legislatures or model law. Regarding the study on electronic evidence, the common law has a long history, which has formed a ripe system about the admissibility and the adoption of electronic evidence; however, in the continent law, electronic evidence hasn't been attached enough notice because the rules of evidence isn't a unique part in the legal structure. Similar to the continent law, we have only a superficial understanding of the problem. On the other hand, electronic evidence entering the field of justice can't be denied. So, going into electronic evidence seriously not only gives theoretical assist, but also extends the new study field of the evidence, which shows great theoretical and practical values. The article rests on the examples, precedents and written law via Internet; consults many essays about electronic evidence from domestic and overseas; draws on the experience of the evidence and information subject; compares the law, regulations and theory of most of the world; analyses two important questions: the admissibility and the weight of electroniq evidence; discusses the way of gathering and operating electronic evidence.