Researches On Several Issues Regarding The Principles Of Electronic Evidence

With the development of society and the advancement of technology, electronic evidence, as a separate type of evidence, has become on the stage of litigation. At the same time, the force adeffect of electronic evidence in litigation has become into consideration.At present, we just "presume" the electronic evidence as documentary evidence or audio-visual materials in the practical exercise, which is only a stopgap measure in the absence of explicit legal provisions.Electronic evidence is different from other traditional evidence in many features, also in the process of obtaining, cross-examination and certification. Without direct policy on the specific features, the further development of electronic evidence would be cumbered.This article based on the legal status of our nation, expatiated the regulation of hearsay evidence on the obtaining, cross certificated of electronic evidence, and the applicability of the best evidence rule about electronic evidence. Besides, this article, associated with the experiences of electronic evidence on the Common Law system, researched the improvement of electronic evidence for the field of legislation and judicature of china.In addition to the introduction and conclusion, this article has been divided into four chapters.Chapter 1 introduced the basic definition, features and relevant categories of electronic evidence, as well as a number of different perspectives of domestic electronic evidence. On the basis of some divisions, which are accepted by reasons, of electronic evidence, chapter 1 also discussed for two new divided methods.Chapter 2 discussed the issue how to obtain the electronic evidence in the aspect of evidence obtaining procedures, which combined with a number of investigative techniques. The special nature of electronic evidence in proof of its ability was not only to the evidence itself, but also the system of electronic evidence exist. Therefore, the procedure of obtaining electronic evidence must be strictly restricted, or the evidence effectiveness would be doubted. Chapter 3 mainly focused on the discrimination status of electronic evidence in the nation, to demonstrate the qualification of the electronic evidence on the certain point of evidence abilities. At the same time, using the reference foreign rules, we discussed the rules to certification of electronic evidence. With reference to the best evidence rule and the hearsay rule, which the most influential evidence rules in the Common Law system, and the system of judiciary cognizance evidence, this chapter has discussed the special difference between electronic evidence and traditional evidence—Evidence Disclosure.Chapter 4 probed in the public power constraints of the electronic evidence under China's current situation of Evidence Act. A limitation of Chinese legal system is that there is not attached great importance to the process which resulted in the abuse of public power. Combined with several aspects of the situation abroad, this chapter discussed some issues such as the identification system of electronic evidence, exclusionary rules of illegal evidence, and the public power constraints in evidence obtaining; besides, we have put forward own views on part of the problem.