| Since the 21st century,our country’s telecommunication network technologies has been stepping into a period of the rapid development,the number of lawsuits use electronic data evidence is mushroomed and the types is enriched.Our laws also respond to the changing times,three revised main procedural laws recognize the legal evidence status of electronic data,and gives primary provisions,namely,electronic data can be used as evidence no matter in criminal action,civil action or administrative action.However,on the problems that comes after actual use electronic data in the Judicial Practice,our country law now lack of concrete regulation rules,that make courts can’t use the same standard on these problems,and litigants or lawyers as well can’t collect and apply electronic data accurately and effectively.Especially on the identify of the original script of electronic data,if directly apply traditional perspective that take original carrier or original medium as the original script on all electronic date,it will cause some unfair phenomenon and lead to series problems which difficult to solve for judges and litigates.The author focusing on above issues,use the methods of theory research and empirical research comprehensively in general,and dived the article into the following five parts:The introduction mainly introduces the paper’s topics basis,theoretical and practical significance,outline the up-to-date research achievements at home and abroad on decided and applicated electronic data originals,and point out the innovation of the study.First part,overview of original electronic date evidence.The author first defines several basic concepts and features of this paper,such as evidence,original evidence,electronic data,etc.Then,the author distinguishes several related concepts which closely related to “electronic date”,and illustrate the theme of this paper.The second part is the author’s summary of the relevant system of electronic data identification at home and abroad through read relevant documentation.The author discuss in the order of relevant systems of the United Nations,relevant systems of the Anglo-American Law System and relevant systems of the Continental Law System.In the third part,the author firstly organize and summarize relevant provisions in our active law,and then analyse several typical theories about original script of electronic data propose by Chinese scholars.Finally the author described general treatment in judicial practice,use example of cases screen from Magic weapon of Peking University to do a research and illustrate the importance of electronic data evidence and its application in practice by use a law case which the author personally involved during the lawyer field trip as an example.The forth part is the author’s analysis of predicament encountered in the process of identifying the original electronic data in our country,points out why the concept of traditional evidence can not be applied to electronic data that known as impediment to the original script of electronic date evidence and the problem consequent.Including: the original electronic data under the traditional definition can not be obtained at all,it is difficult to certificate integrity of electronic data’s generation and storage system,unbalanced legislation and obstruction come from original script holders.The fifth part,the legal standard approaches on identify the original script of electronic data in the future,is the heart part of this paper.The author proposed four suggestions: redefines the connotation of original electronic data evidence,determine the criterion of the original script of electronic data rationally,perfected the system of electronic data’s censoring and certification,establish electronic date verification and preservation mechanism and so on,hope to be able to help to achieve new breakthroughs at the aspects of our country’s original script of electronic data study. |
