Research On Electronic Evidence In Criminal Procedure

With the amalgamation of science and technology and law, electronic evidence comes into being. The advancement of science and technology promotes the development of electronic evidence. At present, electronic evidence has been making a figure in judicial field. It can be used to prove important truth in many cases. But the lack of legal regulation makes judicial activity walking with difficulty .Speeding the research and legislation of electronic evidence is not only the need of judicial practice but also the developmental trend of evidence system. This article elementary discusses some corresponding issues on electronic evidence in China's criminal procedure.The first section introduces us the related research background of electronic evidence and the general situation of legislation and the recent research at domestic and abroad, including the content and meaning of this article.The second section expatiate the electronic evidence's conception, characteristic and admissibility. Firstly, we definite electronic evidence as follows: the whole shoot of evidence which comes into being in virtue of modern information technique. Then we analyze the differentia between electronic evidence and digital evidence, computer evidence and scientific evidence. Herein, we point out that electronic evidence has dependency, high-tech, multiplicity, separability, concealment and frangibility. Later on, base on the review of the admissibility of electronic evidence in foreign legislation, we discussed the reason that qualifies admissibility for electronic evidence in China's Criminal Procedural Law.In the third section, we discuss the electronic evidence's legal status in Criminal Procedural Law. After analyzing several different theories in this field, we bring forward an opinion that attribute audiovisual material to electronic evidence and regulate electronic evidence as one form of evidence. Considering the demand of present judicial practice, we temporary classify different modality of electronic evidence to original form of evidence and apply them according to related rule. We can prescribe electronic evidence in Criminal Procedural Law when the suitable opportunity coming.We mostly talk about the collection of electronic evidence in criminal procedure in the fourth section. This section begins with the main bodies that collect electronic evidence in criminal procedure. Afterwards, we present the process for collecting electronic evidence. Regards the measure to obtain electronic evidence, we suggest that use for reference foreign country's legal provision to perfect ours, including the measure for search, seizure, obtaining evidence and technical investigation.In the fifth section, we talk about how to examine and determine electronic evidence in criminal procedure. Combining the related legal provision of foreign country with China's criminal judicial practice, we give out the criteria for examine and determine electronic evidence. We can check the admissibility of electronic evidence from its relevancy, validity and authenticity. We can check the probative force of electronic evidence from these aspects: reliability, integrality and adequacy .