Study On Electronic Evidence Admissibility

The electronic evidence is a new one in the evidence law domain,and it is getting more and more in the lawsuit with the development of the science and technology.The basic questions related electronic evidence such as the definition of the electronic evidence,the legal localization of electronic evidence,the characteristic of electronic evidence,it has admissibility or not,and it should obey what rules of evidence,are the important questions in our study of electronic evidence.The countries of the Two Legal Systems all have some stipulation of the admissibility of the electronic evidence. Mainland legal system countries stresses in the aspect of evidence collection,meanwhile their law is poor in concrete rules of evidence; countries of British and American legal system have detailed and concrete stipulation of the scope of the electronic evidence,the classification of the electronic evidence and the rules of the admissibility of the electronic evidence.By comparing the legislation on electronic evidence of Mainland legal system and the British and American legal system countries ,we can get a conclusion that the procedure of the British and American legal system countries is much better for us to solute the problems of the electronic evidence.In countries of British and American legal system,they usually establish some rules such as verification rule,hearsay rule,illegal evidence elimination rule and the best evidence rule.When learning and absorbing extraterritorial law system,we must base on our national conditions.In our law,the regulations about evidence are prescribed dispersedly in kinds legal norms of different effectiveness.Specail law such as is also has some rigid stipulations only,and it is lacked in specific stipulating of the admissibility of the electronic evidence. For solving more and more problems which come with the electronic evidence, can we establish our electronic evidence admissibility rules based on learning and absorbing extraterritorial law system? Corresponding with it,we need make an analysis on the necessity and feasibility. By carding and summarized our law system,we can find it that the stipulations of the evidence are scattered in various law and some judicial interpretations.Because of the influence of our law tradition and the litigation and our countries'national system and cultural tradition,we can not copy the foreign countries'rules of electronic evidence. Be established in our national conditions,this areticle probe into the theoretical basis of establishing our criterion of electronic evidence.At last,by comparison and analysis,we can establish rules about electronic evidence like relevance rule,illegal evidence elimination rule,reliability rules,the best evidence rule based on our countries'conditions.