Analysis On Legislation Of Electronic Evidence In China

Electronic evidence is the outcome of the digital information technology. It is necessary to establish the legal value of electronic evidence by the promotion of economic in China and the development of evidence law. However, when the electronic evidence was brought to this complicated world, vacancy of legislation on electronic evidence and chaos of other judicial and government documents in China always puzzle the judicial practices. According to the modern conception of law, judges cannot refuse judging cases by excusing their behaviour in shortcomings of law. As a result, there are many variances in different districts. In twenties century, our world is a global information communicated world. Timely, main developed countries like the U. S. A. have made the law about electronic evidence. As China, there is no law in this field which will make our country in a disadvantage position in global competition. For those reasons, promoting the legal activities on electronic evidence is an instant thing. Considering on the topic of nature of electronic evidence has been discussing for a long time in China, this article will describe foreign countries'law system comparing with ours', and analyses several problems in practice, and carry out some suggestions on legislation. The main contents in this article as follows:Firstly, the definition and nature of electronic evidence is a basic question in analyzing electronic evidence. This article begins with this point. Electronic evidence is a new kind of evidence that its existence relies on the technology of electron, biology, etc. It can be information, record and things. Then, the author comment on the five theories in China, and they are theory of audio-video materials, theory of documentary evidence, theory of real evidence, theory of mixing all kinds of evidence of tradition, and theory of new kind of evidence. This article supports the last theory.Secondly, foreign law systems are always compared with the China's, and they provide us a lot of experiences. Of course, the Chinese situations should be considered deeply. In this part, the article analyzes the short-comes of existing law and judicial documents, and then carry out the suggestions.Finally, after the second part, the article analyzes several problems in practice constructively. And these aspects are collection and conservation, electronicauthentication, disclosure and cross-examination, and burden of principle parts related to electronic evidence.