Generation Of Evidence In The Perspective Of Information

Evidence is generated by the factum probandum information attached to thecarrier and storage, which is the content (information) and form (vector) combination(or Unity), that the product of fixed information, or information transfer and retention.Generation of evidence is the process of factual information which is fixed, bearing leftto a certain carrier, to get evidence. Made the source and build time as the basic point,generation of evidence can be divided into primary and derived of evidence. From theRelationship between carrier and information, generated manner of evidence or thefixed way of information determined forms of evidence. For example, the knife leftafter case at the crime scene, was fixed for the factual information that is hosted on theknife, and developed to material evidence. So, with information storage of vectors asstandard, generation ways of evidence can be divided into generation of people andgeneration of material. Accordingly, it generates two kinds of forms which are calledwitnesses and exhibits evidence.Paper is divided into five chapters in total. Chapter one is introduction, on theconcept of evidence and evidence generation, laid the foundation to build the evidencegeneration theory; second-fifth chapter of this article focuses on how to build evidencegeneration theory, based on the information theory; the sixth chapter describes thevalue and significance to the theory. As follows:Chapter one, analysis on the concept of evidence and evidence generation. basedon the information theory, explaining the concept of evidence, the nature of evidenceand proof of principle, reveals the scientific connotation of evidence generation,including the concept of evidence generation(on the collection of evidence and otherconcepts for the differences), evidence generation foundation (or conditions) as well asthe basic principles and legal value of evidence generation.Chapter two, principle of evidence generation. As information and carrier-centric,exploring how the evidence is generated, that is, evidence generation time andinformation sources have discussed what is meant by primary evidence and derivedevidence, which explains basic principles of evidence generation.Chapter three, evidence generation ways. As the different carriers to theclassification of evidence, dividing it into people-build--build witnesses, as well as tomaterial-build--build exhibits. Under the physical evidence and in-depth studies on generation of electronic evidence, and to "build system of electronic evidence","people's Court TSA digital evidence collecting system" as an example to analysis onelectronic evidence, to meet the urgent needs of judicial practice under the backgroundof rapid development of science and technology. In addition, this article alsoadvocates, classified evidence as witnesses and physical evidence to replace theexisting legislative provisions on the types of evidence.Chapter four, comparative analysis on evidence generation and evidencecollection. This chapter compares the evidence generation and evidence collection,clearly point out there are essential differences, but at the same time, there is alsoinextricably relationship.Chapter five, application of evidence generation theory. This chapter focuses onthe application of the theory in judicial practice. For example, in its application processof the relationship between best evidence rule and the rule against hearsay evidence,and its review and determine of the evidence, so that to prove the factum probandumaccurately and legitimately.Chapter six, the innovation meaning of evidence generation theory. From theory,legislative and judicial points, comprehensively analysis the construction of innovationmeaning of evidence generation theory, to provided strong support to build theevidence generation theory.