By Electronic Evidence Independence And Evidence Ability

The rhythm of information the ages change is unprecedented, the existence of information and the way of obtain to leap to make the evidence learn a research is go to the evidence lawmaking to face many tests. Under the big trend of evidence information-based, the electronic evidence rely on the calculator and its network has become more and more important in the process of proving the case fact. In the evidence law the fulfillment and the study with theories, this kind of evidence form with the new appearance is defined for the electronic evidence by man of insight .The electronic evidence is a newer topic in the our country litigation method research, and the start is also only for several years. At the beginning, its research strength is obviously not enough, only in some research thesis. Along with research of thorough, concerning the thesis quantity, qualities of the electronic evidences all have already promote and present greatly, also appearing a specialized research the work of this problem. Up to now, the electronic evidence become a kind of independence evidence category to appear in the expert's suggestion draft of《the People's Republic of China civil affair law of evidence》, and it is most probably to formally ascend the history stage of the our country evidence law . The electronic evidence is the same as the audio-visual data which appear for the first time in 1982 in《the People's Republic of China civil procedure law (try a line)》, from it appearing to now, the qualifications, certificate dint, the category contain of evidence, are existent controversy. In the process of draft of《the People's Republic of China civil affair law of evidence》, the problem of ha electronic evidence has been exist a bigger controversy. Therefore, for the research of this topic of the electronic evidence, must grown with each passing day, rejecting and getting around all is extremely bad. This text is based on the result of domestic and international scholar for the electronic evidence research, comprehensive analysis, horizontal comparison, in base on the electronic evidence and in our country traditional evidence form comparison the research foundation, aim at various theory of the position of electronic evidence, Expressed own some views in view of electronic evidence status each theory, and put forward the suggestion of the lawmaking, to hope to discuss with each colleague company, solves the electronics evidence basic concept, the legal status and the evidence ability examination question together.