Probe On Electronic Evidences In The Criminal Procedure

The electronic products have been applied widely and the trades among persons depend on the internet more and more, along with the rapid technology development. Consequently, the internet has become very necessary for us. However, it also brings some social problems such as computer fraud, steal by internet and spread indecent publication on the internet, all through the hi-tech methods. It brings some difficulties to judicial procedure. The judicial authorities are also confronted with unprecedented challenges when they are collecting and fixing electronic evidences. As a result, how to make good use of electronic evidences is of significance in the law field.In the first place, the article will probe into the definition of electronic evidence and aims to deliver my own views about the definition and main characteristics on the basis of some related theoriesSecondly, according to the comparative research, the article supports the idea which puts this kind of evidences into the catalogue of seven traditional kinds of evidences, and makes definite legal localization.Thirdly, because of the various application of electronic evidence, the authority makes it clear that electronic evidences have the qualification of evidences and the power to prove. But there are still some different views in some details about the same question. In chapter three, objectivity, relevancy and legitimacy of electronic evidences will be discussed in details.Fourthly, this article puts emphasis on the reliability and integrity. And the article points out that not only the electronic evidences' own features but also the system stability is very important.In the end, according to some related theories about electronic evidences from foreign countries and the achievement in scientific research on the evidence rules made by English and American legal system, the article also refers to some opinions about the rules of electronic evidences such as the authentication rules, the best evidence rules and the hearsay rules.