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Electronic evidence is emerging evidence system development process, cutting-edge issues, With the development of science and technology of modern information and emerging information technology from the developed Western countries, China's computer technology, information technology a late start, the new evidence in the form of electronic evidence resulting in our country is still a relatively new field of research, because electronic evidence is not yet in our legal system as an independent form of evidence appears, the legislation does not confer its independent legal status, electronic evidence, nor as an official language in our current legal system, therefore, scholars are more concerned about the legal status of electronic evidence. At present, the domestic research focused on electronic evidence connotation and legislation on electronic evidence, electronic evidence in judicial practice, such as electronic evidence of probative force and evidence, electronic evidence admissibility analysis judicial preservation of electronic evidence Concern relatively small. Therefore, the depth discussions on electronic evidence has important theoretical and practical significance. As electronic technology continues to mature and the rapid development of the judicial practice inevitably come into contact with a lot of electronic evidence, electronic evidence appeared with increasing frequency, range and more widely, more and more traditional evidence of electronic evidence replaced. However, our legislation has lagged behind the explosive development of information technology, often encountered in the practice of electronic evidence is often as audio-visual materials treated. Because the legislation, the computer in China is still a new thing, only in the field of military research, not popular community was legislation made it impossible not necessary to separate defined to regulate electronic evidence, as audio-visual materials treatment of a particular form. Judicial practice, the trial must be information on these electronic review judgments, not only to judge from the evidence of the association and other basic characteristics, but also to review its legality, the form of legality, whether legitimate sources collected collection tools and procedures legality and so on. For these laws and regulations did not explicitly be determined, then the judge to review the judgment of electronic evidence in accordance with the terms of reference 'model, the use of discretion to be identified, the lack of a legal basis, it is difficult for the parties to be convinced. Problems facing the application of electronic evidence in the study of judicial practice, is conducive to the development of traditional Chinese theory of evidence, but also be able to make up the legislation on the blank, perfect the the evidence legal system in China. The combination of information technology, both traditional evidence theory to expand a new space, but also opened up new horizons for our judicial practice, and ultimately contribute to improve democracy and the legal system, provide a favorable legal environment for the healthy and orderly development of the economic and social . The thesis consists of five parts. The first part of the introduction, the main topics of the articles or background, significance, and Research. This article aims to proceed from the point of view of the Law of Evidence, combined with the current development of China's IT conducted a systematic study of the electronic evidence in judicial practice, which play a role in promoting the administration of justice. The second part discusses the problems associated with electronic evidence, including electronic evidence and its definition, basic characteristics, three aspects of the significance of the study of electronic evidence in judicial practice. Revealed by a comparative analysis of electronic evidence and computer evidence, data and evidence, such as the concept of its inherent characteristics, further elaborated the significance of electronic evidence in judicial practice in China. The third part focuses on the main problems identified by the electronic evidence in judicial practice in China, from the historical conditions, the lack of legislative norms, IT backwardness and inadequate theoretical research in such areas as analysis, pointed out that the judicial application of electronic evidence exists basically no laws lack of technical means of detection, the lack of statutory testing agencies, and the lack of judicial practice a combination of computer and legal professionals as well as IT-related evidence theory to study the problem of inadequate and so. The fourth part is the focus of this article seriously lagging behind in the development of information technology status quo proceed from our legislative status quo established electronic evidence review judgment rule path from the established rules of electronic evidence review to determine the ideas and principles to the theoretical and practical multi-angle analysis. Status from accurately define the connotation of electronic evidence, independent evidence to establish electronic evidence; review the certification rules to establish a set of electronic evidence collection, and to determine the uniform application of standards for the administration of justice; accelerate the legislative protection to ensure that the identification of electronic evidence based; increase computer hardware construction, speed up information technology updates, technical means to provide for the application of electronic evidence specifically explore aspects of electronic evidence review to determine the rules specific path. To sum up, the fifth part reviews the main content of the study, and the need for further research in the future place.
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