Electronic Evidence In The Research On The Application Of Judicial Practice In China

Electronic evidence is evidence system in the process of development of a new frontier issue, it is with modern information science and technology development and produce and constantly emerging, by information technology originated from western developed countries, China's computer technology, information technology starting later, the resulting electronic evidence this new evidence form in our country at present is still a relatively new research area, because electronic evidence in our legal system has not been as an independent evidence form, legislation does not give their independent legal status, electronic evidence is not as a formal appeared in China's current legal system, therefore, scholars with electronic evidence law orientation was paid more attention, at present, the domestic research mainly concentrated on electronic evidence of the definition and connotation of electronic evidence legislation on the research of electronic evidence in judicial practice application such as, electronic evidence's probative value and evidence ability, electronic evidence recoverable for qualitative analysis, electronic evidence of judicial preservation etc questions concern is relatively rare. Therefore, to electronic evidence in-depth studies are of important theoretical and practical significance. As the electronic technology continues to mature and rapid development, the judicial practice inevitably to contact with a lot of electronic evidence, electronic evidence the occurrence of more and more high, wider and wider, traditional evidence inevitable will be replaced by electronic evidence. However, at present our country legislation has fallen behind information technology development, the practice of explosive often meet the electronic evidence is often regarded as audio-visual material treatment, because procedure computer in our country is still belongs to new things, only in military research field application, not on the market popularization, so, when legislation may not need not be alone to electronic evidence, and to regulate the define it as audio-visual material of a kind of special form seriously. The judicial practice, the judges must to these electronic information, not only to examine the judge from evidence the relevance of the basic characteristics of judgment, but also to review its legitimacy, form is legal, collect sources is legal, means of collection and whether or not the program is legal, etc. For these, laws and regulations, so did not specifically identified in accordance with powers doctrine mode, the judge to electronic evidence for review judgment, the utilization of discretion law, seem to lack of legal basis, it will be difficult for the parties to convincingly. Research in the judicial practice electronic evidence applications are faced with the problem, which is beneficial to the development of traditional Chinese evidence theory, and can make up legislation blank, perfect the legal system of China's evidence. Combined with information technology, both for the traditional theory of evidence research extends the new space, also for judicial practice in China opens a new field of vision, ultimately be perfect democracy and legal system, for the healthy and orderly development of the economic society provide good legal environment.This thesis mainly contains six parts. The first part of the introduction, mainly discusses articles to choose a background, the research significance, the research status,etc. This paper from the Angle of evidence law, in combination with the development of information technology, the present situation of electronic evidence in judicial practice application of a more systematic study, so as to promote justice.The second part is discussed and electronic evidence related issues, including electronic evidence and related concepts, basic features, judicial practice electronic evidence the significance of the three aspects. Through the electronic evidence and relevant computer evidence, data evidence concepts such as comparison and analysis to reveal its inherent characteristics, further elaborates the electronic evidence in judicial practice in China in the research significance.The third part mainly discusses the judicial practice electronic evidence and determination of main problems, from historical conditions, the lack of legislation, information technology backward and theoretical research is not enough to such aspects of analysis, pointed out that our country electronic evidence judicial applications mainly exist in the basic cannot, lack of technical means detection, the lack of legal inspection institutions, judicial practice for a lack of computer and legal professionals and combining with the information technology related evidence theory research is not sufficient, etc.The fourth part is this key, from our legislation serious behind the development of information technology, starting from the present situation of electronic evidence established examination the ideas and principles judge rules to establish electronic evidence the concrete path judge rules examination on theory and practice in the multiple perspectives analysis. From accelerating legislation to ensure to work; the cognizance of electronic evidence The connotation of electronic evidence, establish precise definition of electronic evidence independent evidence status; Establish a set of electronic evidence collection review judicial authentication rules, and determine the unity for standard applicable; Increasing professionals training force, promote the judicial personnel quality; Increasing computer hardware construction, technological upgrading, and accelerate information for electronic evidence applied to provide the technical method are discussed in some aspects of electronic evidence the concrete path judge rules examination.The fifth part for sum, reviews the main contents and the future needs further study place.