Criminal Admissibility Of Electronic In Research

Electronic evidence is a new kind of evidence, which appear with the progress of society, the development an using of information technique.Our country’s new criminal procedure law is also endowed "electronic data" with independent legal status.But the relevant laws and regulations related to electronic evidence has yet to be improved, admissibility standards of electronic evidence is one important part of it. According to the mainstream view of our country, evidence is needed to be adopted with relevance, legality and authenticity, electronic evidence is same.For the relevance of electronic evidence has no evident difference compared with the traditional evidence, so the cognizance of the legality and authenticity of electronic evidence is the key point of its certification.This article through the analysis of characteristics of electronic evidence, use the experience of foreign legislation of electronic evidence, get electronic evidence admissibility of standards, finally by combining relevant legislation situation of our country, raise recoverable sexual improving suggestions certification rules to electronic evidence in criminal lawsuit.The article has four parts, the first part is the analysis of the electronic evidence and its admissibility standards, through the characteristics of electronic evidence are discussed and the meaning of its admissibility standards, clear electronic evidence’s difference from traditional types of evidence and the value of its admissibility standards; the second part is about the legislation of electronic evidence abroad, select Britain, the United States and Canada which in the legislation of electronic evidence in more developed countries, according to the treatment of electronic evidence is different to study, get the foreign in the basic theory of electronic evidence workability; the third part is the study of the legislation of electronic evidence at the present stage in China, through the hierarchical analysis of legislation at the present stage in our country, find problems in legislation of electronic evidence, especially the problems of electronic evidence on admissibility standards; the fourth part is about the improvement of the admissibility standards of electronic evidence in our country, divided into the relevance, the legality and authenticity, especially focus on the legality and authenticity, research rules of certification of electronic evidence in the illegal evidence exclusion rule, the electronic evidence forensics, best evidence rule, as well as electronic evidence cognizance way influence on the admissibility standards, to perfect our admissibility standards of electronic evidence in criminal lawsuit.