Study On The Best Evidence Rule Of Electronic Evidence

With the continuous development of science and technology,network technology is continuously popularized,in this environment,eletronic evidence emerge at a history moment,the era of electronic evidence of judicial proof has come.The revised administrative procedure law,the criminal procedure law and the Civil Procedure Law of our country all provide the electronic evidence as a new kind of evidence,electronic evidence gained an independent legal status.In the information society,electronic technology and computer network thoroughintegrated into and completely changed our life form,and brings convenience to our lives,but also caused many legal disputes involving the network,the electronic evidence in judicial practice is more and more widely used.However,there are some differences between the types of electronic evidence and traditional evidence,electronic evidence is virtual,diversity,replicability,it is relatively easy to be modified and destroyed,the traditional best evidence rule is not applicable to electronic evidence,for the need of judicial practice,We must change the traditional best evidence rule.This paper will first explain the basic theory of the best evidence rule,then,according to the theoretical difficulties and practical problems in China,on the basis of the theory and legislation of the best evidence rule,reconstruct the best evidence rules of electronic evidence in China's judicial environment,expectation is helpful to the development of Chinese law.This paper is divided into five parts: the first chapter is the introduction,introduces the electronic evidence of the best evidence rule of the research background,research status and research significance;the second chapter describes the basic theory of the best evidence rule,including connotation,origin,development,nature,also discusses the relevant provisions in the law of our country in the the best evidence rule,provides a theoretical basis for the further study;the third chapter analyzes the electronic evidence of the best evidence rule in the presence of basis,existence value,adjust the scope of the problem,analysis of existing in our country's legislation in question,further deepen the research,laid the foundation for the theory after the reconstruction;the fourth chapter describes the electronic evidence in the theory of the innovation environment,the best evidence rule proposed by other countries and the new provisions of national laws,this This paper is beneficial to learn and absorb the beneficial factors of his country's law;the fifth chapter is the theoretical construction based on the previous research,theelectronic evidence is the best evidence with the integrity of the evidence,the judgment standard of integrity and judgment method,clear the scope of the electronic evidence of the best evidence rule is all types of electronic evidence and put forward the perfect electronic evidence supporting the best evidence rule system is proposed,including the electronic evidence preservation system and electronic evidence identification system.