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Study Of Electronic Data Evidence A Number Of Legal Issues

Posted on:2005-06-02Degree:MasterType:Thesis
Country:ChinaCandidate:L HouFull Text:PDF
GTID:2206360125457834Subject:Criminal Law
Abstract/Summary:PDF Full Text Request
With the development of IT,computers,its related products and electronic products with computer microchip have got used widely in human lives. More and more disputes, even illegal activities and criminal acts caused by this issue a serious challenge to our laws. The key point is electronic products have brought a wholely new evidence -electronic data evidence. Its external manifestation evidence qualification,collecting evidence and presevence, etc. are different from our traditional seven kinds of evidence mode. This article express some opinion on electronic data evidence based on widely collecting points of view.This article is divided into five chapters. It begins with the concept of electronic data evidence. First, it analyses the qualification and electronic data evidence; then, it discuss some key points about collecting and gathering evidence during the course of investigation after affirming which kinds of evidence can be used at court; at last, it presents some common or special rules about the examination of electronic data evidence.The foreword puts forward the point-electronic data evidence and discusses the present expression made of electronic data evident and main disputes caused during judicial practise through some typical cases.The first chapter is basic concepts. This chapter discusses the concept of electronic data evidence, its classification and characteristics. Electronic data , also called computer data evidence, is a apecial material form. It refers to various electronic data , such as recorded writings,digital data, picture, video etc. legally collected from the computer and its relatal equipments, which can prove the truth of cases. Electronic evidence in electronic communication, electronic evidence in closes computer system, electronic evidence in open computer system. The main characteristics of electronic data are high scientific and techonilogical, internal invisible, external various, easy to damage, seperation and contionuily of criminal evidence.The second chapter is the rules about which kinds of electronic evidence can be adopted. The point is whether adopt electronic evidence or not. That is which kinds of electronic evidence can be used in the judicial proceedings and proving acts, which kinds of illegal electronic evidence should be excluded and which kinds areconvinuing the influences of the traditional American hearsay evidence rule and best evidence rule on the qualification of electronic evidence , it discusses the requirements when the evidence system of our country examines the qualification of electronic evidence.The third part is that electronic data evidence is sufficient or not. The proof power of electronic evidence can be influenced by the forms of evidence, and it would give the electronic evidence different proof power that which category the electronic data is classified into . This chapter analyses the differences between the electronic evidence and material evidence, writing evidence , verbal evidence ,video and audio data, or and the appraising conclusion etc. and draws a conclusion that electronic data evidence is not a indepent evidence form, but it separately belongs to four kinds of traditional evidence. On whether it is sufficient or not, we should ignore the influence of various lawful evidence forms. But pay attention to the authencicity of the evidence content.The four chapter is the collection and gathering. In considering the characteristics of electronic evidence, we should not only follow the common rules of scene inspecting.But also adopt some special ways of collecting evidence and presenvention of evidence. This chapter discasses the rules, techniques and tools, and also the steps and ways of collecting the electronic evidence.The five chapter is the examination of electronic evidence. That is judicial personnel do studying and analyzing on the electronic evidence, judge it is true or not, find the relationship between the evidence and the case and confirm it is convincing . This chapter divides the examination of electronic...
Keywords/Search Tags:electronic data evidence, qualification of evidences, power to prove, collection and gathering, examination
PDF Full Text Request
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