The Research Of The Applicance Of Electric Evidence Rule Of China

In today’s internet era, electronic evidences are not only the hot topic of law evidence, but also the evidential difficulty in judicial practice. This paper will elaborate on how to define the electronic evidences, how to define the effectiveness, legality and relevancy of the electronic evidences in practice and how to find a set of evidential rules differentiating from traditional evidential rules to regulate the electronic evidences.The paper includes the following five parts:The first part introduces two cases. The first case is about cyberspace tort, which is closed by application of electronic evidences. The second case is the fraud through internet which is also closed by application of electronic evidences. By these two cases, the electronic evidences as the new type of evidence are derived, which on the one hand illustrates the universality and comprehensiveness of electronic evidences in judicial practice and on the other hand exposes the hysteresis and one-sidedness of the electronic evidences.The second part mainly elaborates the concepts and features of the electronic evidences, emphasizes the particularity of the electronic evidences compared with the traditional evidences and introduces the legal status of the electronic evidences by making references to the newest Criminal Procedure Laws, which is the basis of this paper.The third part emphasized on the foreign application rules of the electronic evidences and illustrates the application of the electronic evidences under the circumstances of typical hearsay rule, the best evidence rule and visa rules.The fourth part concentrates the problems existing in the application of the electronic evidences in China. The facts illustrate that the electronic evidences have become the most direct and effective evidences on-site for the internet has been spread rapidly in China and the cyberspace torts emerge endlessly. In practice the legislation on law of evidence, the application rules and evidence collection team are all not perfect, which is the hindrance to judicial practice.The fifth part aims to establish a scientific, reasonable and adaptable electronic evidence system based on the legislation deficiency and systematic loopholes in the electronic evidence and by making reference to foreign advanced legislative mode and rules.