On The Admissibility Of Electronic Evidence In Cybercirme Cases

With the rapid development of modern information technology in the world and the rapid development and wide application of science and technology,especially the computer and network technology,the cybercrime tends to be increasingly common adn global issue,the use of electronic evidence in criminal and civil cases become more and more.All countries in the world pay more attention to the electronic evidence,which is a new sort of evidence,legislation on electronic evidence becomes an realistic problem to be solved urgently.Although electronic data in the revised criminal procedure law be treated as one sort of the statutory evidence,can the admissibility and the assessment of electronic evidence in cyber crime cases be as a basis for the conviction and sentencing in criminal proceedings?this needs further research.In this paper,the electronic evidence in cybercrime cases be set as the starting point,first of all,the author recapitulates the characteristics of cybercrime and electronic evidence in cybercrime cases,analyzes the existing problems of censoring electronic evidence in cybercrime cases in priority,and study comparatively the United States,Canada,Britain and other extraterritorial legislation on electronic evidence,in conclusion,the author put forward suggestions to perfect the assessment and judgment rules of electronic evidence in cybercrime cases in our country.