The Exclusionary Rule Of Illegally Obtained Electronic Evidence

With the rapid development of computer technology and network applications, the way of electronic life have come to pervade every aspects of our lives, which produce many benefits for information efficiency and exchange conveniently, also have the impact on the traditional legal concepts. Thus a new legal difficulty has arisen——electronic evidence.Firstly, although the application of electronic evidence in judicial practice has become an indisputable fact, laws and regulations relating to electronic evidence are still limited, which cause the legal status of electronic evidence has been in discussion without any conclusion. According to the development of information technology, the article draws the viewpoint that the electronic evidence is the digital information evidence. Clear the concept between computer evidence and electronic evidence, distinguish the extension of concept between the audio-visual materials and electronic evidence, there are inheritance and development relationship. Thus, the key to solving the problems is to give electronic evidence legally independent status of the proceedings.Secondly, recording in different ways are the essential distinction between electronic evidence and the traditional evidence, which bring the characteristics of electronic evidence such as rely on the environmental system and easily regenerate data system. These characteristics have an impact on traditional evidence system, which is the premise and foundation to study the exclusionary rules application of electronic evidence.Thirdly, review the legitimacy of evidence play an important role on the standards of admissibility. The three aspects of traditional evidence theory are the subject, evidence-gathering procedures and the forms of evidence to examine its legitimacy. According to chinese present laws and rules concerned on electronic evidence and judicial practice, the article put forward some new situations such as the special subject of electronic experts, the new features about searching and distressing. Analysis the new issues on illegally obtained electronic evidence and the small defective electronic evidence in the background of the "Issuing the Provisions on Several Issues Concerning the Examination and Judgment of Evidence in Death Sentence Cases "and "the Provisions on Several Issues Concerning the Exclusion of Illegal Evidence in Criminal Cases ".Fourthly, how to balance the interests between the crime control and human rights protection has always been controversial in the field of exclusionary rule, the emergence of electronic evidence exacerbated this situation. The extensive use of network makes electronic evidence obtained from the traditional physical space into virtual space, so currently, the Internet become the largest carrier of privacy right, we must reconsider the issue that how to collect electronic evidence efficiently while balancing the interests of all related people right.Finally, variety of the laws and regulations relating to electronic evidence in our country is not systematic, most of them state how to collect the evidences, lacking the admissibility provisions ;also lacking the feasibility and availability without any mandatory provisions when occurs the illegally obtained evidences. As one of the aspect on admissibility, the exclusionary rule of illegally obtained electronic evidence have already occurred some complicated problems, therefore, as the combination form of technology and the legal, electronic evidence will bring more challenges and innovations.