Criminal Justice Electronic Evidence Research

The development of science and technology has made a great improvement on judicial proof method. Electronic evidence which belongs to the cross field of social sciences and natural sciences was born with the development of science and technology. Due to the concern of scholars, the special characters of electronic evidence have been revealed. However, it also disclosed many problems such as its legal status in current laws, the technology used when obtaining evidence and the lack of evaluation rules. In order to solve these problems, we should combine the judicial experiences of foreign countries with the legal environment in our country and combine legal ideas with technological researches as well. After accumulating experiences with practice, we can deal with the situation where electronic evidences challenge the rules of traditional evidences.This thesis consists of four chapters.The first chapter discusses the basic theory related to electronic evidence. The various concepts of electronic evidence are compared and evaluated. The differences between electronic and traditional evidence are also analyzed by discussing the technological characters of electronic evidence. Meanwhile, we classify the electronic evidences on the basis of above analysis.The second chapter explores the related legislation of electronic evidence in Anglo-American law system and Continental law system. This chapter focuses on analyzing the impact on traditional evidence system of Anglo-American law system from electronic evidence and the Continental law system’s absorption of electronic evidence. Some suggestions are provided to build the system of electronic evidence in our country by means of referring to electronic evidence rules in foreign countries.The third chapter makes a conclusion about the legislation of electronic evidence in our country and analyzes the problems at present. It discusses the legislation of electronic evidence in criminal judicature fields in our country, involving entity and procedure. Based on the previous analysis, this chapter points out present problems of electronic evidence system in our country, including its legal status, competence of evidence and rules of evidence collection.The fourth chapter explores the construction of electronic evidence system in our country. Firstly, it analyzes the various definitions of electronic evidence laws and then forms own points of view. Secondly, it studies the legislation mode of electronic evidence law in our country by referring to that in foreign countries, which emphasizes that we must take the present law system into consideration while legislating the electronic evidence law, avoiding advanced legislation. Thirdly, we reconstruct the present rules of obtaining electronic evidence, showing the rules of obtaining electronic evidence and perfecting the methods of obtaining electronic evidence. Finally, we build the system of reviewing electronic evidence. It discusses how to review the objectiveness, relativity and legality of electronic evidence in details, expecting to provide some help to perfect the rules of electronic evidence in our country.