Research On The Problem Of Electronic Evidence

With the development of electronic litigation,electronic evidence has been widely used.There are many people who equate electronize evidence with electronic evidence.They are different concepts.Electronic evidence is an independent form of evidence,which is formed in the form of digitization,and exists on the disk and other carriers to prove the facts of the case.Electronic evidence,it is not legal evidence form,but the traditional electronic evidence,is a kind of concept,including electronic documents,electronic record of examination of material evidence,electronic,etc.The word "chemical" in the electronic evidence is the meaning of transformation,which is transformed from traditional evidence to electronic form.But not because electronic evidence and electronic evidence are presented in electronic form,but in the same way,the essence of evidence is to be explored.The evidence and evidence in electronic litigation are different from traditional litigation.For verbal evidence,although is expressed by the language "evidence" content,but the lawsuit is through cold screen to convey information,the court's "theater" effect is abate,principle of rhetoric is not the real carry out directly,the effectiveness of the verbal evidence will have loss.Therefore,the author suggests that electronic trial should be the exception to the trial.In the case of physical evidence,not only the way of presenting evidence is different from the past,but the validity of the electronic evidence also conflicts with the "original rules".Both the documentary evidence and the inspection record are written materials,and in electronic litigation,the scanner is converted to electronic version of the instrument.At this time,the electronic instrument should be recognized as a copy of the original evidence because it originated from the original instrument.In order to resolve the conflict with the original rules,the author thinks that the electronic instrument can be made into "original" and the original effect is given to it.In electronic litigation,the submission of physical evidence is the same as that of traditional litigation.The model of the original object or the original object is viewed directly through the electronic screen,or the electronic version of the original object is submitted.To this,the author thinks that can also adopt the method of the formulation,give the photograph original effect.Audio-visual materials and electronic data in electronic litigation,unlike in the past,do not have to submit their output or printed matter,and can be uploaded directly to the court via the electronic computing information system.Due to both the easy replication and easy to tamper with the sex,not easy to confirm the original and copy,so the author suggested that as long as you can get the content of the identity certificate,maker identity certificate and the certificate of production time,the presumption can be produced with the original function is the same,to its original position.Because of the electronic litigation or the emerging mode,to guarantee the electronic evidence can realize the effect.The author suggested: first,choice the way of safeguard the parties to submit evidence in advance,namely,the parties may according to your own judgment and interests demands,choose to adopt traditional electronic submission or to submit;Second,to ensure the information security of electronic documents in the application process,such security measures as "digital signature" and dynamic secret key can be adopted;Thirdly,it is clear that the electronic evidence is generally applicable to the pre-trial meeting,and the electronic trial is the exception to the trial.Because the application of electronic evidence has initiated many challenges to the traditional court rules,limited the function of the trial.The best way is in the electronic exchange of evidence before the court meeting,at the start of the hearing before the trial court only have evidence of dissent,such already can improve the working efficiency by electronic lawsuit,but again much against traditional court rules,the true balance of efficiency and justice.