Study On The Definition And Admissibility Of Electronic Evidence

Evidence is a product of human being. As the information age ushering humansociety in a period of reform, change seems to be inevitable for evidence. Combinedwith electronic technology, evidence takes a new form named electronic evidence.Since recent years, more and more merits have been given to it, which is becomingthe "modern litigation vitality lies." In order to adapt for the situation, many countrieshave made adjustment to their evidence laws. In our country, there is extensive use ofelectronic evidence in judicial practice, although it’s legal status hasn’t beenrecognized until last year. Considering the revision of criminal procedure, it’snecessary to deepen the cognition of electronic evidence, borrow advancedexperiences from abroad and improve existing rules.Taking electronic evidence as the research object, this paper attempts a betterdefinition by comprehensively using comparative analysis, historical analysis andother methods. Further, this paper aims to summarize and classify some commonelectronic evidence that refers to corruption and bribery crimes, absorb foreignlegislation and experience, and then make recommendations for improvements fromthe pragmatic point of view. This paper consists of three chapters:Chapter one generally discusses the definition and type of electronic evidence.Aiming to provide a framework for the study, this part starts with an introduction ofbackground, as well as an analysis of concept, nature and extension.A discussion isthen offered which lists the type of electronic evidence in criminal procedure byfocusing on discriminating from each other.Chapter two discusses the principle and criteria of the admissible electronicevidence. This part introduces admissibility and its significance in criminal procedure.Afterwards, it will give a brief review of relevant foreign and domestic laws and regulations on this issue with a brief comment attached, and then point outthe standpoint that routing of improving must conform to present legal provision andconvention. Finally, it raises the criteria as follows: the admissible electronic evidencemust be relevant, without violating due process, and have some indicia of reliability.Chapter three discusses admissibility of electronic evidence that can work inthe process of handling corruption and bribery cases. Based on the aforementionedparts, this part will summarize some electronic evidence which is common injudicial practice. Furthermore, taking the criteria mentioned above into account, thispart will not only introduce legislation and judicial practice in USA, but also identifyand select a number of specific rules among them. Finally, this paper advocates someprinciple and criteria of admissibility which can be accepted as practical guides.