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On Competence Of Electronic Evidence

Posted on:2011-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:X Q DiFull Text:PDF
GTID:2166360305491614Subject:Law
Abstract/Summary:PDF Full Text Request
As the rapid development of world science and technology, computer is developing rapidly and is widely used to various fields of society. People's life and work are closely linked to their place, and at the same time electronic evidence relying on a computer and its network is playing an increasingly important role to prove facts of the case. Owing to a high-tech nature of electronic evidence, it is difficult to grasp, and the traditional theory of evidence can not be directly applicable, so there are discussing about concept of electronic evidence, competence of evidence and rule of evidence in a long time. In view of this, I hope that I can make my contribution to competence of electronic evidence through this paper.In this paper, from the content, there are five chapters on competence of electronic evidence.The first part:Outline of electronic evidence is the basic problem of the paper. In this part,the concept,the characteristics and the classification of electronic evidence are introduced to lead to below.The part two:Competence of electronic evidence, that is, the admissibility of electronic evidence in judicial practice. In this chapter, I study primarily the ability of electronic evidence from the authenticity,relevance and legitimacy of electronic evidence.The part three:Comparative law about competence of electronic evidence in Two Schools. In this chapter, I focus on competence of electronic evidence in common law system and civil law system, and then some inspiration on competence of electronic evidence is revealed in our country.The part four:Present station of legislation and its causal analysis of electronic evidence in our country. I focus on some requirements of our current admissibility of electronic evidence. I will analyze its causes by theories related and judicial practice in the paper.The partâ…¤:The construction of competence of electronic evidence in our country. I summarize legal definition of concept on electronic evidence, and clear the legislative model of electronic evidence, and then propose specific ideas of rule of electronic evidence.
Keywords/Search Tags:electronic evidence, competence of evidence, rule of evidence, construction, improvement
PDF Full Text Request
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