The Research Of Electronic Evidence

Based on a simple analysis of the development of electronic evidence, with a reference to the relevant regulations of electronic evidence in other countries, collecting various comments from academic research analysts, the author presents his arguments on the definition, types, characteristics, legal status, feasibilities and reliabilities of electronic evidence. It could be served as some inputs to the research of electronic evidence.Information age is the theme of 21st century, which gives the birth of electronic evidence. The legal status of electronic evidence can not be ignored. However, being a new type of evidence, electronic evidence may bring some uncertainties into practical implementation, if it can not be clarified fundamentally. electronic evidence is born based on information technology, so it needs information technology to show its contents which is understandable and relevant to the case. electronic evidence has the characteristics of high technology, good replication, weak identification and etc. There are three types of electronic evidence, word type electronic evidence, tool type electronic evidence and diary type electronic evidence.Electronic evidence only expands the format of traditional evidence but doesn't exceed the essence of traditional evidence. Therefore electronic evidence shall be mixed with traditional evidence and divided into four types, electronic document evidence, electronic material evidence, electronic record, electronic audio-visual material.Same as traditional evidence, relevance is the pre-condition of whether the electronic evidence can be adopted. Legality means that electronic evidence can be adopted only when it is in compliance to legal requirements on subject, format and process. Due to electronic evidence's three features, special requirements should be made on its authenticity-- electronic evidence can only be proved to be true if it meets those requirements. The proof of electronic evidence depends on its relevance to the case, regulations on traditional evidence type which the electronic evidence falls under, and information technology it relies on, and should have different treatments on different cases.