Research On The Electronic Evidence Rules

The electronic evidence is a new thing of the judicial proof. It brings a series of evidence-law's question to all countries. For example, how defined is the electronic evidence? How determined is its legal status? How judged is the original and the secondary evidence? How collected is it? How accepted is it? And so on. In the country of evidence-law is developed, the legislation of electronic evidence had many achievement. But in our country, because it is initial stage that the electronic evidence is used in the judicial practice, the mature legal standard of the related electronic evidence is far from appears. Now, information is thorough developed, dispute and crime is serious day by day about network in our country, this condition of electronic evidence legislation is unable to meet the society development.This article studies the electronic evidence rules. First, the electronic evidence is not one kind of brand-new evidence, but is extends form of traditional evidence, from the study about electronic evidence's concept and characteristic. Because it is same at machine-made of the proof, its difference is only way of carrier and transmission, from the compares electronic evidence with tradition evidence. Therefore, we divides electronic evidence into seven kinds:(1)electronic matter evidence, (2)electricity Written evidence, (3)electron audio-visual material, (4)electronic witness testimony, (5)electronic litigant stated, (6)electron written and (7)electron record of conduct an inquest,inspection. Next, the article proposes legal conflict that it is meet frequently in collection of electronic evidence. Such as, the question of legitimacy (right of privacy, correspondence free power, etc.) when electronic evidence is collected, seized or extract in the computer-related crime case; the question of violations (such as to the network of service providers and other third parties) when electronic evidence is collected in the civil dispute case. After analysis to the question phenomenon and solutions of our country present legislation, author produces perfect mentality of "the computer audit technology" and "the intermediate", etc. Once more, author discusses standard of electronic evidence's possible accepted about main opinion in our country academic field. Mading the following points: (1) it doesn't give the acceptance that the electronic evidence is obtained through stoling records; (b) it doesn't give the acceptance that the electronic evidence is obtained through searching, seizing in serious illegal cases; (c) it doesn't give the acceptance in the electronic commerce dispute case that the electronic evidence is obtained through non-verification procedures; (d) it doesn't give the acceptance in the civil action that the electronic evidence is obtained through illegal software; (e)it is accepted that the electronic evidence are recognized by both of litigants; (f) it is accepted that the electronic evidence is proved by appropriate witness; (g) it is accepted that the electronic evidence is presumed to have authenticity as the computer system is normal for the evidence at the critical moment; (h) it is accepted that the electronic evidence is presumed to have authenticity as documents is attached electronic signatures or other security procedures; (i) it is accepted that the electronic evidence is identified that it has not been modified by appropriate expert, and so on. Finally, the author proposed legislation concept of electronic evidence In regard of legislature, Legislative form and legislative content by comparing the domestic and foreign electronic evidence legislation.