Study On The Rules Of Electronic Evidence

With the information age’s bursting, electronic evidence already with the invention of the computer, high-tech applications into people’s life. In January1,2013, the new"Criminal Procedure Law" of our country started the implementation of the provisions of article forty-eighth of the eight kinds of legal evidence form, wherein the electronicdata as a new type of evidence is fixed, the use of electronic data in the litigation will be more widely, its function of proof of the facts of the case more and more will be also big. People in the full enjoyment of modern science and technology bringsconvenient time, the use of information technology and network technology as themeans of crime of high-tech crime followed, in the field of finance through credit card crime, the public security management field by using network fraud, illegal gambling,walking words etc. there high trend. But our country is currently lack of legalprovisions of the applicable rules of electronic evidence, can regulate people in the judicial activities of the application of electronic evidence, which has caused greatconfusion on the judicial participation in judicial practice. How to recognize and give full play to its effect of evidence in the judicial practice, making it an importantevidence to prove the facts, this is a need for in-depth study of the subject.In view of the existing in the judicial practice of electronic evidence at present these problems, the author used a real life is more common to find a network of fraud casesleads to the discussion about the rules of electronic evidence. The first part of this paper by analyzing the electronic evidence the independent new evidence conceptare discussed, with the electronic evidence and traditional evidence for various aspects of comparison, pointing out that the electronic evidence has characteristic-sdifferent from other traditional evidence, aiming at the characteristics that theappli-cable rules are different from the traditional evidence. The second part is the key part, through the analysis of our existing electronic evidence, authentication, the force of evidence rules discussed several aspects of analysis, pointed out the need to pay attention to in the application of the problems and present judicial practice-e on the use of electronic evidence of confusion, and through the analysis of some real cases.Reflects the important role of electronic evidence in judicial appl-ication and present situation of application of it, points out the important significa-nce of the electronic evidence needed to establish the applicable rules. The third part through the list ofthe two big legal systems in typical countries such as the United States, Canada,Germany and France the related electronic evidence law, ana-lyses its advantages and disadvantages, and points out that the legislation of our country can draw place. The last part based on the analysis and Research on the fr-ont, combined with China’selectronic evidence legislation present situation and actual conditions, learn from foreign advanced experience, put forward its own ide-as on legislation of electronic evidence, electronic evidence forensics, suggestions will be certification, authentication and other applicable regulations gradually built up, let the electronic evidence do really law in judicial practice.