Technical Evidence Censorship Research

The traditional divisions of evidence in lawsuit law,such as material evidence,literal evidence,testimony,conclusion of identification and so on,have not been able to cover overall legal evidence in lawsuit process.The development of technology has great influence on the system of evidence;technological evidence obtained by technology has become important evidence in lawsuit.In the aspects of both legislation of lawsuit evidence and justice practice,the development of technological evidence can't keep up with the social improvement. Including The rules of criminal technological identification from Department of police, The rules of criminal technological work from People's department of supervisation,The temporary rules of justice identification of mental disease,The standards of identification of severe body injuries and The standards of identification of low-degree body injuries from Supreme court,Supreme department of supervisation,Department of police and Department of justice,these files all bring forward question without the solutions about them.In our country the academical study of technological evidence is still shallow. Especially for the study of examination system of technological evidence there are deep gaps needed to be filled up,considering a lot of work is put into investigating some kind of characters of technological evidence,like electronic evidence,DNA identification and so on,and we are just focusing on creating relative suitable rules by investigating the law system of Western countries,lacking the grasp of overall meaning of technological evidence.Hence,enhancing the study of relative concepts of technological evidence and its system of investigation is necessary for the development of our system of evidence and is also an important topic of law academic in China.This essay starts from the concept of technological evidence and makes clear the meaning and characteristics of technological evidence and those kinds that have been put into practice already clearly,based on the its characteristics of technology.Then this essay analyses the fallbacks about the way we use technological evidence in different phases like statutes,justice investigations and trials,compares the different systems of technological evidence among different countries in these two law systems.Finally this essay brings forward a new structure of our technological evidence,including reviewing the experience and lessons of technological evidence in justice practice after enforcing of The determination about the questions of administration of justice identification from The national people's representative conference in 2005,constructing the administration of justice examination,reinforcing the identification of technological evidence in process of trials,which also involves strengthening the questioning of technological evidence in trials by judgers and the standards of investigation of technological evidence,improving its system of investigating technological evidence and put forward practical measures to foster legal reorganization of technological evidence.Based on the construction of administration of technological evidence,this essay innovate the legislation of law of evidence,including reinforcing the administration of organization of legal identification,enhancing the identification of technological evidence in process of trials,which also involves strengthening the questioning of technological evidence in trials by judgers and the standards of investigation of technological evidence and improving the system of supervisation of technological evidence.