Researching On The Application Of Electronic Evidence

Electronic evidence is a new member of the evidence family, it is generated with the development of information, and the extensive use of the computers and digital technology. Some of these electronic technology, electronic items were widely used as evidence to deal with criminal and civil cases in dispute. Electronic evidence is stepping into the hall of law, and is playing an important role in solving disputes involving electronics evidence. About electronic evidence on the legislation, there are no explicit provisions, the author mainly talk about the application problems of electronic evidence that needed to be solved in practice.In addition to preface and ending, the text contains four chapters, and its main content is briefly described as follows:The first chapter is the overview of electronic evidence. This part mainly lists and sorts so many concepts of electronic evidence, and make the brief comments, and based on this, the author propound the own understanding and view about the concept of electronic evidence, and then briefly described the origin and characteristics in foreign countries, So that we can have a whole understanding of electronic evidence.The second chapter is the positioning of electronic evidence in our country. The effect of electronic evidence positioning is very important in legislation and practical application .This chapter mainly lists the various views on the theory of electronic evidence positioning currently, such as documents evidence said, physical evidence said, audiovisual material said, through the analysis and comparison, the author thinks that the electronic evidence is regarded as an independent new evidence form is more reasonable. Then discuss the meaning of reasonable positioning of electronic evidence ,it can not only help guide the legislation of the electronic evidence, but also can speed up the development and improvement of China's evidence law ,so that make the specific use in judicial practice more normative.The third chapter is about electronic evidence collection and extraction. This part mainly introduces electronic evidence collection, the difficulties of extraction, including the difficulties about the extracting staff ,extracting technology and equipments, points out the electronic evidence application obstacles and bothering ,so to give rise to the attention of relevant issues and provide targeted research .Then introduce various principles in the process of electronic evidence extraction, analyzes the differences and similarities between electronic evidence and traditional evidence extraction principle, and put forward my own views. And then introduces the procedures and methods of electronic evidence collection and extraction. to deal with the problems of evidence extraction.The fourth chapter is about the affirmation of electronic evidence. Based on the basic characters of electronic evidence, such as authenticity, relevance, legality, the writer analyzed some relevant factors affecting the qualifications and probative capability of electronic evidence, gave some suggestions and methods to enhance the probative capability of electronic evidence hoping to provide some theoretical support to the application in practice. Through the study, I hope to deepen my understanding about electronic evidence theory, and then provide some help and advice to make our country'electronic evidence legislation better.