The Comparative Study On Audio-visual Evidence And Electronic Data Evidence

The “Civil Law” and “Code of Criminal Procedure” make the electronic data separate from theaudio-visual materials as a statutory independent type of evidence to be clearly defined. But the use ofsuch evidence is not very mature in our country. There are not specific rules on the concept, extensionand the difference which are used in judicial practice. Resulting in the theory and practice of therelationship between the two disputing, substituted said contain said and coexistence said threeviewpoints Therefore, it brings a lot of difficulties when we using audio-visual materials and electronicdata solve the in civil and criminal cases. It also brings some difficulties0n the judicial practiceaccordingly.This article is divided into four parts to study. The fist part interprets the significances of studyingthe relationship between audio-visual materials and electronic data, and makes a summary andconclusion about the research at home and abroad. The second part summarizes the rudiment of theaudio-visual materials and electronic data,part compares the relevant principles of the two onConnotation, characteristics and classification. The third part analyzes the performances and causes ofthe fuzzy relationships between the audio-visual materials and electronic data. Performances are mainlyon the extension and the rules of evidence, and causes are mainly on technology causes, types andclassification of statutory cross. The fourth part is mainly on the suggestions about solving theambiguity of the relationship between audio-visual materials and electronic data. It studies the relevantprovisions of the foreign countries. Many national laws and international organizations makeprovisions on audio-visual materials and electronic data. They provide useful lessons and experiencesabout making legislation and improving the judicial practice in our country. But it must be combinedwith the practice of our country and based on the discussion in this paper when we reference andabsorb the relevant provisions of the foreign. Finally, our country can take to replace (Electronic Datareplace audio-visual materials) and solutions exist (both exist) from a different point of view.