Research On The Examination And Determination Of The Electronic Data Evidence

By the end of2013, the sixth session of the twelfth National people’s congresspromulgated the administrative litigation law amendment (the first deliberated draft). OnAug.312014, the tenth session of the twelfth National people’s congress promulgated theadministrative litigation law amendment (the second deliberated draft).Both draft definedthe electronic data as one type of legal categories of evidence. The electronic data evidencegained legal status. But the draft didn’t make provision for the problem of the concept ofthe electronic data, the using standard of the electronic data, how to verify evidentiaryweight of the electronic data. More legislation need to be made clear and tessellated. Inorder to serve legislative and judicial activities, I attempted to make obvious exposition forthe above problems.The article begin from the basic concept of the electronic data, and make expositionfor the meaning of the electronic data through the comparison analysis method, then clarifythe relationship between the electronic evidence, audio-visual materials, and othertraditional evidences. Define the concept between the electronic data and the electronicevidence. The electronic data and electronic evidence are not subordinate relationship, butin a parallel relation. There are essential differences between the two. The electronic dataand other traditional evidences are also in a parallel relation, but both can be transformedinto each other. The author point out the legislation of our country on the electronic dataevidences aren’t enough, and the difficulty in practice. Use the comparative analyticalmethod and induction method. Finally I expound the problem of the electronic dataconfirmation through analysis method and the textual analysis method. In other words,electronic data evidence is admissible. To be identified from the three aspects of objectivity,relevance and legitimacy. And last point out the judge has discretion should under certainstandard circumstances to show the power of electronic data evidence confirmation method,and expound the reference standard.