The Legal Position Of The Electronic Evidence Admissible Rules

With the development of computer technology and internet, electronic evidence appeared. It is a new form of evidence. It has some distinctive attribute that quite different from the traditional criminal evidences, such as variability,multiplex,reproducibility. At present, the legislation field and theory circle in China are not distinguish the relationship between electronic evidence and traditional evidence. The electronic evidence is lack of legal requirements, so there is not a final conclusion about the status of the electronic evidence. Electronic evidence plays an important role in the criminal case about computer and international. As a new form of evidence, electronic evidence has received much-needed attention from both theory circle and professional field. In order to bring the new sort of evidence into line with criminal proceedings and provide a service for application of law, theory circle get to think that if some special admissible rules adhere to electronic evidence should be taken in the juridical practice. The admissible rule of electronic evidence should follows some principles, such as legality, associativity and objectivity. In addition, some special measures should be taken. Considering the argument against the status of electronic evidence, location of the electronic evidence should be solved; Considering the argument against the force of electronic evidence, strengthening force should be solved; Considering the argument against the distinguish between original and copy, the conflict about original electronic evidence and the best proof rule should be solved. Besides, we should not neglect the problems on the variability of electronic evidence and the identity about computer forensic personnel, computer forensic institution and certifying agency. We have worked out some special admissible rules to solve the problem of the electronic evidence in the international criminal case.