Discuss About The Workability Of Electronic Evidence

Electronic evidence, with the extensive application of information technology andboarded the stage of judicial practice, it makes the world evolve into the material world, theworld of energy and information coexistence of the world’s three times the world, With theintroduction of the new Code of Criminal Procedure, electronic evidence has its ownindependent legal status, but its definition、positioning、forensics、evidence、cross-examinationand certification problems are still haunt us, Which country is the most effective way to dealwith its legislation. This paper focuses on the admissibility of electronic evidence to analyze.In our legal system, on the admissibility of electronic evidence standards, didn’t give a veryclearly defined. According to China’s mainstream academia, the evidence must have relevance,legitimacy and authenticity, so as to determine the case as the standard basis, the evidence thatthe size is dependent on its ability to self-sufficiency and certainty. Because in judicialpractice, electronic evidence sufficiency and relevance to a considerable extent related to thefactual issue, Therefore, under normal circumstances, evidence of electronic evidence iscompared with the traditional, the evidence on the relevance and sufficiency is not muchdifference, However, the legitimacy and authenticity of electronic evidence is theidentification of the key judicial practice.In this paper, the basic theory of evidence and methods of using the method ofcomparative analysis, From the five aspects of argumentation, of which the third、fourth andfifth chapters are the focus of this article elaborate part. First, the concept of electronicevidence, classification, legal characteristics are discussed, which gives rise to theadmissibility of electronic evidence identified basic principles and criteria, followed byforeign countries in the legitimacy and authenticity of electronic evidence practices usefulexperience, combined with our conditions, and thus for our legitimacy and authenticity ofelectronic evidence, the admissibility to make a few suggestions or thinking, and finallycombined with our local legislative resources, build suited to China’s rule of admissibility ofelectronic evidence, mainly from the need to respect analysis, the final proposal of buildingthe admissibility of electronic evidence, the rules of vision.