Research On The Issue Of Electronic Evidence Rules

With the development of information technology,High-tech content has increased constantly in all kinds of criminal cases,such cases cannot rely solely on traditional evidence as proof.Therefore,some measures have been taken in our country law,electronic data were justified as evidence for prosecution and can be used independently,has made some achievements.And with the development of modern information technology,electronic evidence become a main evidence,such as network transaction records and phone chat records can all deemed as electronic evidence,but also in various litigation types being widely used.The problems which emerged in practice have exposed the defects in our country law which needs to be improved by legislation constantly.Although in recent years,scholars and jurists deeply researched on the basic theory of electronic evidence,country also modified the form of intellectual property law department gradually perfected,such as the "patent law","copyright" the revision and so on,has a strong legislative significance,also contributed to the theory of ongoing discussions.However,most of these changes are concentrated in the substantive law,towards appeared in practice the new problems and new situations also can not be solved completely.In Chinese litigant practice,electronic evidence still includes several aspects of the problem.Firstly,evidence obtained and specific rules need to be improved.Secondly,it is difficult to obtain evidence from the party and agent.Thirdly,the judge's right of proof and trial do not have specific difference.Furthermore,code for preservation of evidence is inadequate.In the terms of burden of proof,the rules are too homogeneous.There are fewer situations which can be applied to examples of authentication inversion in law.Some of them have still not been decided in practice.Considering about the burden of proof,the standards still can not be unified.The related staffs do not have a professional vegetarian as well.Electronic evidence lead to the whole development can not catch the development of modern information technology because of the lack of the rules of electronic evidence.Combined with the practical situation in our country litigant practice,electronic evidence's current situation in legislation should be concluded and make the targeted analysis.We can conclude that electronic evidence should be improved in many aspects.It can concluded in the following parts.Firstly,evidence obtained and specific rules need to be improved.The parties need to have clear rights and obligations.Attorney's rights of investigating and collecting evidence should be limited to have a clear range.The process should be improved as well.Secondly,further research on the application of electronic evidence rules should be made.Distinction must be made between general quoting rule and special rule from the theoretical perspective to enlarge the range of evidence presentation liability converting.Meanwhile,it should enrich the connotation of electronic evidence Certification Rules of every region and court.Trap evidence of specific circumstances should be distinguished to confirm the best evidence rules and opinion evidence rules and do a better research on original issue of electronic evidence.At last,theoretical level of judicial personnel and job skill of investigation and evidence-gathering should be increased.It needs to establish a perfect system of intellectual property professional jury and expert witness.Increasing the professional standard of judicial functionary and the use of electronic evidence is necessarily by enlarging judicial staff team.