Research On The Criminal Procedure Of Electronic Evidence

As electronic technology changes the human-beings' life, it also changes the way of penal litigation and the approaches of penal litigation. Electronic evidence becomes a new format of the penal evidence. We can not deny that the effects of Electronic evidence in penal litigation, especially in hi-technology crime cases like computer and internet crimes, become more and more important. Electronic evidence has changed the method of the detection and the conception of judicial proof in a special way. To some extent, It also impels the transformation of judicial proof. Based on its importance, some experts predict that "maybe, we will step into a whole new era of judicial proof, that is, the era of electronic evidence." This paper bases itself upon the penal litigation, conducts a deep research on electronic evidence by studying the definitions, the legal identification and the system of evidence-taking and authentication.At first, this paper identifies the definition of electronic evidence. The first part of this paper has three sections, this part compares native definition of electronic evidence with foreign definition via the effects which electronic technology has on electronic evidence, then comes up with the concept of electronic evidence.Secondly, this paper discusses legal identification of electronic evidence. The second section is based on the interrelated theory of legal identification of electronic evidence. It also analyzes the criteria of classifying evidences, compares the electronic evidence with audio and video materials and attempts to position the electronic evidence with a reasonable legal identification.Finally, this paper brings out a suggestion to help build up the system of evidence-taking and authentication. There are two chapter in this part. The first chapter indicates the fact that there are big problems in native penal litigation, therefore it is necessary to borrow foreign system of electronic evidence-taking. And it brings out some suggestions to perfect the system of electronic evidence-taking. Based on the practice of native legislation and judicature, the second chapter studies the specialties of electronic evidence and borrows foreign system of electronic evidence-taking, brings out a suggestion to build up the system of authentication of electronic evidence.