The Determination Of Electronic Data Evidence

Theory of Hans Kelson purely legal effect an integral part of law theory. Kelson believesthat the special force of law is the existence of norms. No effect in law of a specification issimply not a legal norm. If a legal norm is judged as effective or effective, it points to a bindingof human behavior, there are eligibility requirements to gain their respect and obedience.Therefore, an effective legal norms, is that people should be provided as legal norms, as behavior,should be subject to and application of norms.Electronic data evidence has broad and narrow sense two meanings,electronic data evidenceon the narrow sense,it refers to only with the help of computer generated and reading electronicinformation,which can also be called digital evidence.Another is the electronic data evidence thebroad sense,those various via electronics method,optical method or other methods to generate,transport, transfer or storage information message data are included in the range of electronicdata evidence.Electronic data evidence as a new type of evidence,not only has the characteristicsof traditional evidence has,also has the dependence,concealment,vulnerability,openness,sharingand other unique characteristics.Electronic data evidence is admissible,identified from the threeaspects of objectivity,relevance and legitimacy.On electronic data evidence that from the proofpower of cognizance and integrality of evidence cognizance.In the electronic data evidence leveldetermination,full attention must be paid to the electronic data evidence notarization of evidencecognizance,especially recently started popular network notarization system, his is a product ofthe notary system and electronic data evidence combined with the traditional process,has not yetformed a complete system in the judicial practice,need to practice constantly complete.Electronicdata evidence as a new type of evidence, in the reduction of the facts of the case,settle disputeshas played a more and more important role. In the new criminal law will be established as theindependent type of evidence, in its legal status recognition, but because in the new criminal lawof electronic data evidence and audio-visual material evidence are eighth kind of electronic dataevidence, so its legal status is not truly independent.Electronic data evidence for the development of space tremendous,to establish perfect lawsand regulations applicable to electronic data evidence system,electronic data evidence better in practice for our service,reducing the facts of the case,to achieve true fairness andjustice,maintain the lawful rights and interests of the parties are not infringed.