The Discussion About The Electronic Evidence

The electronic evidence is the new evidence accompanied by the development of science and technolog progress, all kinds of electronic records and electronic data widely exists in the social life. Many traditional criminal with the aid of computers information technology equipment, shows a trend to concealment and complication, bring the trouble for criminal procedure, while the lag of law resulted in imperfect legislation have an effect on electronic evidence with fully participate in the litigation. The implementation of the new criminal litigation law, offers a new opportunity for the electronic evidence in proceedings, how to regulate the electronic evidence in itigation under the new situation, give full play to evidence, become the new problems in theory circles and judicial practice. Procuratorial organs as legal supervision organs, should combine its own characteristics, enact corresponding rules of electronic evidence, provide to strong guarantee for electronic evidence in good practice.Based on this, this paper starts from the overview of the electronic evidence, this paper briefly introduces the concept and characteristics of electronic evidence, through the comparison for electronic evidence and traditional evidence to further discussion for the characteristics of electronic evidence, and with brief explanations on the current status of the electronic evidence in judicial practice in our country, leads how to use the electronic evidence as the key concept in criminal proceedings.The second part of the article focusing on legal status of electronic evidence with induction and generalization, and through the study on simple classification of electronic evidence, expound the concrete application of electronic evidence in practice. Electronic evidence has rich form of expression, for different categories of electronic evidence need to used different methods for actually evidence collection show someone the proof etc.The article in the third part of the electronic evidence, be given the analysis and explanation for the problems existing in the concrete application, attempt to from a new perspective which are electronic evidence credibility and choice of the electronic evidence in criminal proceedings, comprehensive argument how to used electronic evidence by procuratorial organs in the litigation process.The last part, combined with the overseas legislation of electronic evidence, to discussed the necessity of establishing the corresponding electronic evidence system in our country, and forecasted to the future of electronic evidence technology in procuratorial organs.