The Cognizance Of Criminal Electronic Evidence

Along with the rapid development of electronic science and technology, crimes break though the old forms, and the application of electronic evidence becomes necessary trend. However, electronic evidence has remarkable characteristics of high-tech and fragileness, so the evidence obtaining and recognition construct challenges to traditional evidence system. This article using overseas successful legislation experience for reference, tries to expatiate on the particular evidence rules of criminal electronic evidence from the aspects of its evidence qualification and ascription, review and cognizance of evidence power, and the basic rules of using criminal electronic evidence. Under the situation that there is no specific provision for electronic evidence, in particular criminal electronic evidence in current laws, the author brings forward the viewpoint that criminal electronic evidence should have independent evidence qualification and ascription, and opens discussion on the rules for using criminal electronic evidence.This article includes the three parts of introduction, body and conclusion. And the body has four chapters:The first chapter is mainly to introduce the concept and characteristics of electronic evidence. Beginning with the concept of electronic data, this chapter based on the definitions of electronic evidence home and abroad, considers that electronic data is the information stored or recorded in computer or similar devices in electromagnetic, electronic, optical or other similar forms. Compared with traditional evidence, electronic evidence bears the characteristics of high-tech, fragileness, multiformity, complexity and compound.The second chapter is to analyze the evidence power of criminal electronic evidence by comparing the different regulations on electronic evidence of evidence laws from different countries. The chapter draws the conclusion that criminal electronic evidence possesses the evidence power according to its objectivity, rele The third chapter is to analyze the evidence ascription issue of criminal electronic evidence, in particular the regulations of our country on the evidence power of electronic evidence. The author considers that the evidence power of electronic evidence should be admitted in our country's laws, and suggests that electronic evidence should be given the status of independent evidence.The fourth chapter is to discuss mostly on how to confirm the evidence power standards of criminal electronic evidence, and the cognizance issue of evidence power of electronic evidence affected by the four aspects of dependability, authenticity, validity and relevancy. The chapter then lists two problems existing in the process of evidence power cognizance and provides corresponding resolve measures. At the end of this chapter, it presents rules to be followed in the use process of criminal electronic evidence from the perspective of judicial practice, including relevancy rule, exclusion rule of illegal evidence rule and its exception, and dependability rule. The chapter also expatiates on the specific measures for each rule's application on electronic evidence.