Theory Of Criminal Electronic Evidence

Along with the rapid development of the informational technology, especially with thedevelopment of the computer technology, we rely increasingly on computers and network of many kinds ofelectronic equipment. Nowadays, surf the Net has become something of a cult, computer technology hascome to pervade every aspect of our lives and, as a result, the conventional form of teaching and living ischanging at a speed which is quite unprecedented. At the same time, the cases on Internet crime haveincreased rapidly. As a completely new form of evidence, electronic evidence is an issue of concern inChina. Electronic evidence is characterized by intangibility, versatility, vulnerable and truth, which hasbrought grim challenges to us. In judicial practice, electronic evidence is often plays an important role inasserting the fact of case. In view of the above, it is vital important to solve in a catalogue of issues on howto illustrated concept and definition of electronic evidence, how to perfect proof rule system of electronicevidence, how to decide whether the proof is valid.From a juridical point of view, as the request of social progress, informational technology and thedevelopment of evidence system, the paper affirm that it is very important that current law regulation canapproves electronic evidence. Otherwise, this paper has a definite opinion that the substance of electronicevidence is electronic data. Through the research of the characteristic and intrinsic factor of electronicevidence, and the research of the specific use of electronic evidence in juridical practice, In order to make itcomplete and perfect.In the first place，an introduction to electronic evidence. On the basis of some related theories ofscholars throughout the world, this part puts forward in a scientific manner a new, three-dimensionalconcept of electronic evidence, pointing out electronic evident produces in a computer network system,which can prove the facts of the case by its contents. And giving an initial discussion of land featuresfollowing a brief analysis and description of different ideas of electronic evidence，pointing out thatelectronic evident has dependency, multiplicity, concealment and frangibility. Then，analyzing the role ofelectronic evidence from a different angle, in order to make preparation for the following discussion.Secondly, the legal status of electronic evidence，This part points out some opinions about thetheories of electronic evidences from the point of the theory and practice. This chapter, in the main, as follows: documentary evidence, physical evidence, audio-visual materials, conclusions mixed evidencethat independent evidence. On this basis, with illustrating the necessaries by verification and elaboration,this paper advocated that electronic evidence should be given the status of independent evidence. As amatter of fact, electronic evidence have allowed equal status to other forms of evidence.Thirdly, the important problems of electronic evidence we are up against. This chapter mainly talksabout China’s criminal Procedure Law of electronic evidence is not clearly defined, and we shall takeeffective measures to resolve it.it is the core of the paper. From the legislative status，this paper points thatthe lower level of legislation and the conflicting between difficult laws. In addition to this，illustrating thefunctions of the problems of taking evidence from three aspects: the crime scene is difficult to determine,preservation of evidence is difficult, the technology strength of taking evidence is weak.In the fourth section, the consideration and determine of electronic evidence. From judicial practice,combined with the relevant laws at home and abroad, this part mainly talks about the admissibility and theprobative force of electronic evident. In particular, we can check the admissibility of electronic evidencefrom its relevancy, validity, truth and objectiveness. At the same time, we also can check the probativeforce of electronic evidence from its integrality and reliability. Speeding the research and legislation ofelectronic evidence is not only the need of judicial practice but also the developmental trend of evidencesystem..The fifth part the paper provided the recommendations for improving the law system of electronicevidence. With the previous corresponding，this part discusses the necessity of perfecting the system of thebest evidence rules. Through districting strictly between the original and the copy and establishing theconditions of copy to perfect this system. Otherwise, this chapter gives the solving countermeasures forthose deficiencies. We should changes the legislative concepts, and improve the relevant legislation, toforce Internet service providers to record and preserve information and complete the search and seizure ofelectronic evidence in criminal measures to strengthen the power of electronic evidence collection. At thesame time, combining with judicial practice, we also can improving the law system of electronic evidencethrough establishing special Investigation Institutions，Improving the collection process of electronicevidence, and expanding its collection of forces.