Research On Availability Of Electronic Data Evidence In Traffic Administrative Litigation

The study of electronic data evidence starts late in China,also stay in the theoretical research Angle,and combined with practice,this article in traffic speed administrative cases,for example,from the Angle of generated electronic data evidence,the main content is divided into introduction,overview,generation and judicial review four parts.The first part: introduction.Making a general description for the point of view of research,simply discusses the research background of this article,the research methods and research significance.The second part: summary of generation that electronic data evidence.Based on the research of data generation,evidence generation and the concept of electronic data evidence,we can concluded that the generation of electronic data evidence concept refers to using modern information technology and electronic equipment,turn the information that be able to prove to be the fact into the data information and fixed on a specific carrier.The generation of electronic data evidence between collection and preservation have relationship: the generation of electronic data evidence is a bridge to connect collection of electronic data and electronic data evidence,the collection of electronic data is the precondition of electronic data evidence to generate,collection of electronic data evidence is the legal continuation of the generation of electronic data evidence,the generation of electronic data evidence is the premise and foundation of the electronic data evidence preservation,the preservation of electronic data evidence can enhance the authenticity of the evidence itself.The third part: the generated way of electronic data evidence.Electronic data evidence on the basis of the characteristics of its own,generation is only as a carrier,introduced the traffic speed case generated in the electronic data evidence speed measuring equipment type and the type of record speeding carrier electronic information,and the fixed speed measuring device to generate electronic data evidence process has carried on the simple description,finally discusses the electronic data evidence contains information content.The fourth part: the judicial review of the electronic data evidence.This part mainly from the angle of law,discusses how to review the generation of the electronic data evidence,with the help of multiple case studies to find the existing problems and solutions that electronic data evidence in the construction,so as to ensure that the generated with electronic data evidence,can be used as the basis for the judge decided the case facts.