刑事電子證據(jù)可采論.pdf

1、湘潭大學(xué)碩士學(xué)位論文刑事電子證據(jù)可采論姓名：邵柱申請(qǐng)學(xué)位級(jí)別：碩士專業(yè)：訴訟法學(xué)指導(dǎo)教師：劉梅湘20080507IIAbstract With the development of society, as an invisible and untouched data, more and more electronic data has appeared in our daily lives. The history which ele

2、ctronic data is used as evidence in the law is not long, but its impact on the area of evidence is growing gradually. As a new kind of evidence, the electronic data is quietly invading the field of traditional evidence.

3、With the development of science and technology, such new evidence is changing the field of the evidence. The use of evidence is a key of identifying the facts of the case. The requirements of the proving standard are dif

4、ferent in the criminal, civil and administrative proceedings due to different purpose of the proceedings, in which the proving standard in the criminal procedure is most stringent. Some special Characteristics of electro

5、nic data lead to the reliability as evidence less than that of traditional evidence. Therefore, despite the development of electronic technology changes with each passing day, the developing speed of electronic data as e

6、vidence in litigation is always slower than that of electronic technology itself, particularly in the area of criminal proceedings. At present, in China the criminal cases in which the electronic data is used as a separa

7、te decision are not many. The research of criminal electronic evidence is still in the initial stage, and the cognition of classification on the positioning of the electronic evidence, collection and preservation of elec

8、tronic evidence, the effectiveness and understanding methods of electronic evidence is different, which directly lead to the deviation on the trial magistrate, especially in the circumstances which electronic data is use

9、d as the key decision foundation. In some sense, China's scientific and technological level is still in a comparative initial stage. The quality of personnel and technical equipment of beating computer crime are not

10、as good as that of developed countries, and information security awareness of most users is relatively weak. In this case, criminals often take advantage; commit a crime by various means to obtain information of users. B

11、ecause China's information security in the legislation is not perfect and understanding of the electronic data evidence is inadequate, the phenomenon of committing a crime by the computer is also on increase. In orde

12、r to effectively combat these crimes and make full use of evidence of such high-tech electronic evidence to accurately reproduce the objective facts, as well as fully protecting fundamental human rights, studying the adm

13、issibility of electronic evidence has important practical value for solving the problem on such high-tech electronic evidence. This paper mainly elaborates the use of electronic evidence in the theory and practice from s

14、ome basic attributes that are basic definition of electronic evidence, the objectivity of evidence, relevance of evidence and so on. I put forward some views about admissibility rules of electronic evidence through under