On The Legal Issues Of Electronic Evidence Concerning In Criminal Proceedings In China

With the rapid development of the computer technology and its widely use in the various fields of the society, electronic evidence, which is on the basic of computer and web, is becoming more important in proving the facts of cases.The author of this dissertation, when makes researches, first discusses the concept of electronic evidence, its forms, features and law location, in order to pave the way for the followings.When discussing the elementary concept of the electronic evidence, the author advocates that it the concept of electronic evidence should be understood in a broad sense. The dissertation discusses the other relating questions of electronic evidence further on the base of it, I.At the same time, on the base of reading a lot of great work and essay about electronic evidence, the author keeps thinking about and summarizing the related contents about the collecting and fixed electronic evidence., the author discusses in detail the basic principles of collecting and fixing electronic evidence combining with her working experience and makes some conclusions on the main principles:such as the of quickness, the principle of legality, the principle of comprehensiveness and the principle of professional forensics, etc.This dissertation also introduces the problems in electronic evidence’s extraction and fixation, such as the weakness in obtaining evidence, the difficulties in preserving of electronic evidence and in proving its uniqueness, the negligence of the protection of the privacy, and etc.The dissertation points out that we should examine electronic evidence’s admissibility from the three aspects, including truth, relevance, and legality, as far as the content identified by electronic evidence.Further, the essay analyzes the problems existing in the identifying process of electronic evidence. For example, the difficult problem of judicial practice is electronic evidence’s formal identification of authenticity; electronic evidence’s legal norms are lack of the provision of the admissibility rules; electronic evidence’s specification is lack of the provisions of electronic evidence’s probative force and validity. And there are many problems like this.The explorations in the collection and the recognized rules about electronic evidence provide the foundation and prerequisite to solve the problems of the usage of electronic evidence and perfect the legislation of electronic evidence. It is needed by judicial practice and inevitable trend of the evidence system development.In the end, the author puts forward some advice in improving the electronic evidence rules. First, electronic evidence’s recognition mechanisms should be built so as that the co-operations can be improves in handling a case by use of electric evidence in order to perfect electronic evidence’s certification rules. And second, we should strengthen ourselves to protect the civil rights during the usage of electronic evidence. In the end, the author gives some suggestions about electronic evidence’s legislation in our country.The author looks forwards that the awareness and understanding of the problems about the theory of electronic evidence should be deepened so as to provide some help and advice on the perfection of legislation of electronic evidence.