On The Admissibility Of E-evidence

The development of electronic technology, which causes more and more infection in modern society, brings out electronic evidence (E-evidence). And, as a result, E-evidence has become an important problem that should not be obviated in judicial practice. There are many new areas we should focus on: what are the differences and common grounds between traditional evidence and E-evidence? Whether the E-evidence should be examined by the evidence rules? And how can the E-evidence be adopted on the basic of evidence rules in existence?This thesis introduces the definition and characteristics of E-evidence, and expatiates some common problems from the angle of technology and law. By distinguishing the proving mechanism of E-evidence, the writer holds the argument that E-evidence is one part of traditional evidence. This thesis comparatively introduces the different ways of many countries on the rules of distinguishing the evidence, the rules of evidence priority, the rules of hearsay evidence, and the rules of eliminating illegal evidence. Combining judicial practice, the writer analyzes the admissibility of E-evidence. In the last part, considering the status quo of legislation and the tendency of development in China, this thesis gives some suggestion on the legislation of E-evidence .