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The Cognizance of Criminal Electronic Evidence

Author: LiuFangZuo
Tutor: ChenXiaoMing
School: Xiamen University
Course: Legal
Keywords: Electronic evidence Criminal Probative force
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 279
Quote: 1
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Abstract

With the rapid development of electronic technology, criminal break the old patterns, the application of electronic evidence has become an inevitable trend. However, with high-tech electronic evidence, easy-destructive and other significant features, its evidence and certification poses a challenge to the traditional system of evidence. Based on the successful legislative experience from abroad on the basis of trying to evidence from criminal electronic eligibility attribution evidence to prove that standard review of the force and the use of electronic evidence in criminal should follow the basic rules and other aspects of electronic evidence in criminal elaborated specific rules of evidence. In the current law on electronic evidence, especially electronic evidence in criminal cases, there is no clearly defined, the author proposes a criminal electronic evidence should be vested with independent evidence of qualifications and evidence of ownership point of view, and to the use of electronic evidence in criminal rules should be followed, start on. This paper includes an introduction, body and conclusion of three parts. Which text is divided into four chapters: The first chapter introduces the concept of electronic evidence, characteristic. The chapter start from the concept of electronic data in the review under domestic electronic evidence based on the definition that the electronic data is in the form of electromagnetic, electronic, optical, or other similar forms form the information stored or recorded in a computer or the like information on. Compared with the traditional evidence, electronic evidence is in the form of high-tech, easy-destructive, diversity and complexity, composite and other characteristics. The second chapter is evidence of criminal capacity electronic evidence analysis, comparative analysis of the national law of evidence different provisions for electronic evidence from objectivity, relevance and legitimacy of the criminal electronic evidence drawn from the analysis of electronic evidence with evidence of criminal Conclusions ability. The third chapter focuses on analysis of criminal evidence ownership of electronic evidence, especially for electronic evidence, evidence regarding the ability of the provisions of the analysis, that the law should be in our recognition of electronic evidence such as capacity, and proposed electronic evidence should be given independent evidence status view. The fourth chapter discusses how to determine the probative force of electronic evidence in criminal standard of reliability, authenticity, legitimacy, relevance, impact analysis of four aspects of electronic evidence have probative force of the identified problems, and then lists the two in the identification probative force of the process problems and propose appropriate solutions. Finally, from the standpoint of judicial practice of criminal electronic evidence in the course of the rules to be followed, and each rule is applied to the specific practices of electronic evidence.

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