The Identification Of Electronic Evidence

From 2013 to implement the new "criminal procedural law" has been implement for two years.The promulgation of the new points will undoubtedly make electronic evidence more attention by people.This paper hope through the analysis of the characteristics of the concept of electronic evidence, and the analysis of the existing legal status of electronic evidence in the original approved under study have a more full understanding of, and guide the judiciary that electronic evidence in practice there is an accurate method.This article from the three parts in this paper, the electronic evidence.The first part is the summary of electronic evidence.First introduces the concept of electronic evidence in the process of the development of electronic evidence and different ways of expression, such as electronic data evidence, computer evidence, computer evidence, etc.; Electronic evidence and electronic data on the concept of convergence and diversity; Forms of electronic evidence as optical, magnetic, digital technology, the progress of electronic science and technology are rapidly evolved various forms of overall performance is:the form of text, images, symbols, sounds, etc; Concrete existence in life are:E-mail, electronic signature, online chat, web browsing history, such as mobile terminal data form.Secondly according to the objective authenticity, lazy, easy to devastating in three aspects, such as, authors summarize the characteristics of electronic evidence, to reveal the nature of electronic evidence of special causes its method in identifying aspects of preserve evidence and have their own uniqueness.Finally discuss the positioning of electronic evidence. Theory of the legal status of electronic evidence in our country there are many, before our country legal science exists "documentary evidence", "said the audio-visual material", "evidence", "independent evidence", "mixed evidence says" debate, in the new "criminal procedural law" promulgated after finalized.The second part discuss the admissibility of electronic evidence, is divided into four aspects.First, introduces the concept of the admissibility of evidence, which leads to the admissibility of electronic evidence concept study. Second, the electronic evidence recoverable sex that should adhere to the principle of non-discrimination. Third, the electronic evidence admissibility determined according to the correlation between identifying, legitimacy and authenticity of the order, if the correlation recognition can be ruled out, don’t have the legitimacy and authenticity of identified. Legitimacy identification to determine the legitimacy of the main body and procedure, mainly discussed the electronic evidence of illegal evidence exclusion. Method of identifying is introduced. Fourth, although our country did not explicitly stipulated in the laws, regulations, rules of evidence, the relevant clauses can be interpreted as evidence rules, so it is necessary to study the effect of foreign evidence rules of electronic evidence, starting from the situation of our country to draw lessons from foreign advanced theory I use.The third part, from the perspective of the electronic evidence to prove that force that, this paper mainly discusses the content of the four aspects:first, this paper introduces the concept of electronic evidence of force; Secondly discusses the criteria for recognition of the electronic evidence to prove that force of electronic evidence from the reliability, completeness, relevance three aspects to determine the electronic evidence’s probative force value size; Analysis again notarization, think, check, identification of four methods to deal with that copy of electronic evidence should be the same as the original, finally expounds the four types of electronic evidence’s probative force value size problem.