Research On The Status Of Digital Evidence

With the development of modern information technology, computer and Internet penetration, on the one hand there a lot with computers, new Internet-related crimes; the other hand, a series of crimes from the traditional use of high-tech means to commit the crime instead of phenomenon, which makes the traditional areas of law are subject to great challenges. Attendant is associated with the computer and network digital electronic evidence in litigation more and more common use, but the current number of electronic evidence for the community as a valid legal evidence of the legal issues, not fully accepted. In our academic community, in addition to digital electronic evidence admissibility issue has been basically agreed, has been widely accepted, the number of electronic evidence, every cell there is a big controversy and discord. One area of concern is the number of the legal status of electronic evidence, because evidence for the legal status of digital electronic direct impact on the number of legal regulation of electronic evidence.In legislation, the presumption of China's basic approach taken, the digital audio data into the electronic evidence, but not be explicitly included in the list of types of legal evidence, that their legal status is still in the state is not clear. In judicial practice, due to an error of electronic evidence or a clear positioning, has led to judicial practice, the application of digital electronic evidence chaos state, which is bound to hinder the field of the sound development of the law of evidence. Therefore, this article first break through the academics out of context approach, from the context of development of electronic technology starting sort of digital audio-visual materials and electronic evidence, the intrinsic link between electronic evidence, and based on this theory by rational analysis of Ge of digital evidence of the status of electronic evidence for a reasonable position, concluded:Digital electronic evidence is different from the audio-visual materials, are common under the electronic evidence, electronic evidence should be alternative audio-visual materials, to obtain independent legal status, and has become types of legal evidence in the seventh class.