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On Competence of Electronic Evidence

Author: DiXiaoZuo
Tutor: GaoZuoRongï¼›LiuGuoDong
School: Inner Mongolia University
Course: Legal
Keywords: Electronic evidence Evidence of ability Rules of Evidence Building Perfect
CLC: D926
Type: Master's thesis
Year: 2010
Downloads: 341
Quote: 0
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Abstract


With the world the rapid development of science and technology , the rapid development of computer technology and is widely used in all areas of society , people's life and work are increasingly closely in touch with its occurrence , while relying on a computer and its network of electronic evidence in the facts of the case plays an increasingly important role . However, due to high-tech electronic evidence , and its characteristics is difficult to grasp , the traditional theory of evidence can not be directly applicable to them , so long on the concept of electronic evidence , evidence of ability , the rules of evidence are controversial. In view of this, I hope that through this electronic evidence such as the ability to study , in order to benefit the research in this field . In this paper, the following five parts were discussed : the first part overview of electronic evidence , electronic evidence is to study the basic problem of the concept of electronic evidence and legal characteristics and types of presentation made ??to elicit below ; second part is electronic evidence such as capacity, mainly to study electronic evidence in judicial practice, the admissibility issue , this article from the authenticity of electronic evidence , relevance and legitimacy of evidence to study the ability of electronic evidence ; third part two legal systems on electronic ability of the rules of evidence evidence comparative study introduces the common law , civil law countries on the ability of electronic evidence, the rules of evidence relevant provisions , and on this basis expounded on China's foreign legislation relevant legislation revelation ; fourth part evidence of the ability of electronic evidence legislative situation and cause analysis , which mainly describes our current evidence about the ability of electronic evidence legislative requirements and related theory and practice of judicial reasons for this situation ; fifth part is to build China's electronic evidence evidence of ability to conceive , mainly on the concept of electronic evidence to the legal definition , and clearly the legislative model of electronic evidence , on the basis of the evidence put forward evidence of the ability to build electronic rules specific ideas .

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CLC: > Political, legal > Legal > Chinese law > Justice system
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