Research On The Legal Issues Of Civil Electronic Evidence

We know that both the witnesses, physical evidence, or electronic evidence, Theirfunction is to prove the facts of the case. As electronic evidence of a case must have aclose relationship with the facts of the case. Now the electronic evidence for our lives,it is not fresh, but we are very familiar with the vocabulary of a thing. As early as thereare many scholars began to study the problem of electronic evidence in a long time ago.Now, China’s rapid development of computer information technology, electronicevidence has put research and a series of questions relating to the case highlighted.More and more scholars began to focus on the issue of electronic evidence. In the latestpromulgated by the “civil procedure law” and the “criminal procedure law” clearlydefined the legal status of electronic evidence， but did not defined the electronicevidence for forensic and other practical issues to make further clear rules. With therapid development of innovative information technology and modern technology, thenetwork has become an indispensable part of people. In the meantime, with the rapiddevelopment of China and the international network technology, electronic evidence hasbecome a very important type of evidence.The emergence of electronic evidence as atype of evidence related to the computer information technology to the traditionalevidence in our country caused great impact. So, now we study on electronic evidenceis very necessary.With the vigorous development of electronic evidence in the world, Our country isalso becoming more and more attention to electronic evidence. However, in recent years,a lot of electronic evidence cases indicates the electronic evidence in our countryeither in theory or in practice, there are many problems. The current international andsome other countries have made some specific rules about electronic evidence, China’slegislature also issued a series of related laws for some case. But the rules onlyscattered distribution in some laws and regulations, not formed a complete set oflegislation system. Electronic evidence of immature will affect the establishment of thebasic theory of electronic evidence, and therefore will cause the development of theelectronic evidence lack of effective legal norms. So, whether it is from thedevelopment of the theory of legislation or legislative practice in terms of electronicevidence, quickly determine the legal status of electronic evidence this new type ofevidence, and improve our electronic evidence legislation is essential.The lack of basic theory of electronic evidence study，it will cause a conflict of electronic evidence legal norms. This will directly affect the establishment of the legalsystem of electronic evidence. This will also affect the electronic evidence to play itsdue role in our country. In this paper, first of all, starting from the concept of electronicevidence, further expounds the legal status of electronic evidence, some basictheoretical problems such as the characteristics of electronic evidence. Then analyzesome typical foreign countries legislation study of electronic evidence, Contrast thedeficiencies in our country, and the lack of legislation of electronic evidence rules andthen make further improvements. Electronic evidence as a newly emerging types ofevidence, there are some different with the traditional types of evidence. For example,On the forensics subject this problem there will be some new regulations such as expertstaff, network forensics police, etc. Finally, gives some perfect Suggestions onlegislative defects of electronic evidence, Analysis of the necessity and feasibility ofelectronic evidence legislation, and then make some detailed comments on specificprovisions...