Study Of Electronic Evidence, A Number Of Legal Issues

Electronic evidence is a result of information society. To admit the legal status of electronic evidences is not only a demand of social economy development, but also is the internal need for law development. In order to make sure that all civil disputes should be settled smoothly, many countries that features an information society, with US as a leading example, have already defined electronic evidence promptly and clearly in their legislation process. In china's civil law suit, there left a blank point for electronic evidence. However, judging from the current trend of development, it is inevitable that more and more suits will involve electronic evidence. Therefore, it is a necessarily for us to examine the legal status of electronic evidence.This paper shall, on the basis of observe the concept and feature of electronic evidence as well as the relationship between electronic evidence and the legal justified evidence, analysis the influence of China and US evidence system on the qualification of electronic evidence, and shall display the inevitability to grant electronic evidence legal admission. At the same time, this paper shall give an overview of the influence of modem evidence system on the electronic evidence, therefore, shall discuss the justifying principle, standard and method for electronic evidence.Finally, in accordance with the problem of the legal status of electronic evidences in China, the author believes that there is a great difference between electronic evidence and other forms of evidence in the physical traits and ways of proving. Thus, it is not suitable to put electronic evidence into any present catalogue of evidences. By contrast, a new evidence form should come into being and certain rules should be worked out according to the present legislation environment and circumstances. On such a base, this paper shall also propose certain legislative suggestions on the principle of electronic evidence.