On The Electronic Evidence

With the continuing progress of modern science and continuing innovation of IT. The network has became an integral part of our life. Meanwhile, the transactions related networks and information is frequently increased, naturally electronic forms of evidence begans to exist in the legal field. The emergence of electronic evidence has had an impact on the existing system of evidence and the entire legal system. International organizations and other countries make provision for electronic evidence. However, in China,electronic evidence is scattered distributely in other laws and regulations and has not had a complete legal system. It is necessary to establish legal status of electronic evidence from the perspective of the development of judicial practice and law to improve the rules of electronic evidence.This article first introduces the concept and legal status of electronic evidence, then shows provisions on electronic evidence of international organizations and other nations.The article consists of four parts.The first part is mainly the concept, characteristics, and legal status of electronic evidence. The definition of electronic evidence has broad and narrow sense. It is in a broad sense in U.S., Germany and the United Nations. According to the relevant provisions of Chinese laws and regulations, China has also adopted a broad sense, this is not only the current situation in China, a reasonable range is also foreseen the development of electronic evidence. The legal status of electronic evidence should be independent, which is determined by the law development of the evidence and the characteristics of electronic evidence.The second part examines the use of electronic evidence in the two legal systems. Including the application of electronic evidence of International Trade Law Commission of the United Nations, the provisions and rules of the electronic evidence in the United States, the United Kingdom,Germany and France. The third part examines the provisions and regulations related to electronic evidence in Chinese laws. There is no specific law of evidence and no perfect Electronic Evidence Act in China. The provisions related to electronic evidence are scattered in other laws and regulations.The fourth part gives legislation suggestions of electronic evidence in China. The suggestions includs the definition of electronic evidence, its position, admissibility and probative force etc.