Problems And Solutions On Electronic Evidence In Criminal Suit

With the development of information networks,electronic evidence based on electronic products and networks has become more and more important in proving the fact in cases.As a new format of evidence,electronic evidence has been admitted by many countries and international organizations.The New Criminal Procedure Law of PRC has set up a rule for electronic evidence in Paragraph 2,Article 48,which provides a clear legal status for electronic evidence for the first time.This rule solved the problem about the suitability of electronic evidence in criminal cases by providing a legal reference.However,in China,the law about electronic evidence is still scattered,especially for the practical operation for example the obtaining,preserving,checking,censoring and recognition of the evidence.With the frequent usage of Electronic Business and the internet,more and more electronic evidence would be demonstrated in the criminal procedure.Nevertheless,the lack and delay of relative laws would cause the difficulty for using electronic evidence in juridical practice.Therefore,enhancing the research about the principle of electronic evidence and the path of using electronic evidence in criminal procedures appears to be urgent.This article starts from the concept of electronic evidence,through analyzing theunique property to find out the reason for the difficulty of using electronic evidence incriminal procedures and try to find a solution.The article is organized into four chapters as follows.1.Describe the basic concept of electronic evidence and its difference with traditional evidence.Try to summarize the unique property of electronic evidence in order to distinguish its suitability in criminal procedures and foreshadow for the following contents.2.Analyzing the problem of adapting electronic evidence in criminal procedures in China.Focusing the analysis on the reason causing the problem in order to find a solution for it.3.Describe the advanced experience and practicing about adapting electronic evidence from the two major legal systems in order to extract some useful experience.4.Analyzing the solution for adapting electronic evidence in criminal procedures.In this chapter,the writer will propose some views and recommendations through discussing in several cases which the writer has taken part in.By combining the problem declared in Chapter 2,the writer will focus on completing the practical way of adapting electronic evidence in criminal procedures in China.