Electronic Data Evidence Of The Validity Of Research

Electronic data evidence is a computer-based evidence. It has some special features such as vulnerability and carrier diversity, which affect the effectiveness of its recognized legal evidence.Because of its vulnerability, electronic data evidence makes a great impact on traditional rules of evidence, especially the hearsay rule and the best evidence rule in common law system. In the meanwhile, the civil law system which requires the original copy and the written form of evidence has also hindered the application of electronic data evidence. As the electronic trade has been used widely, many countries have taken measures to remove obstacles on the adoption of electronic evidence by means of making special electronic evidence law or making legislative and judicial interpretation of electronic data, etc. "The Model Law on electronic data" which is made by UN has played an important role in the adoption of electronic evidence. The law has clearly established the proof of eligibility of electronic data, but also provided evidence in the certification process of electronic data necessary to pay attention to.After the evidential ability of electronic data has been confirmed, the attribution of electronic data evidence which will determine the value of electronic data evidence should be discussed. At present, several theories on the attribution of electronic data evidence have existed. Some scholars treated it as audio-visual evidence. Others treated it as documentary evidence or independent evidence. All these theories have made detailed discussion and analysis on the attribution of electronic data evidence. Meanwhile, electronic data evidence should meet the relevance, legitimacy and objectivity of such conditions in order to have the value of evidence.