论电子证据的特点及对取证的影响（On the characteristics of electronic evidence and its influence on evidence collection）.doc

论电子证据的特点及对取证的影响（On the characteristics of electronic evidence and its influence on evidence collection） Zhao Chunyu, China University of Political Science and Law, Zhang Yunquan, China University of Political Science and Law Upload time: 2009-12-16 Number of visits: 774 Font size: large, medium and small Keywords: electronic evidence / features / forensics / traditional evidence Abstract: from the point of view of the proof mechanism, the electronic evidence is not a new evidence, but the evolution form of traditional evidence. The particularity of the recording method is the essential difference between the electronic evidence and the traditional evidence, and the other characteristics are affected by this essential characteristic. The collection of electronic evidence has certain technical requirements, which is mainly embodied in the subject of evidence collection, the content of evidence collection, the methods of obtaining evidence and the procedure of obtaining evidence. The collected electronic evidence should be maintained with evidence and probative force. Electronic evidence is a new form of evidence that combines law with high technology. In a broad sense, electronic evidence can be defined as: all electronic information, records and articles formed by means of electronics, digital technology and equipment, which are used to demonstrate the true situation of a case. The difference between electronic evidence and traditional evidence is recording and transmission. In this sense, the electronic evidence is a new type of evidence, but does not mean that we can therefore will be designated as a separate category of evidence. The current evidence classification is mainly based on the basis of our proof mechanism, proof mechanism refers to the role of evidence plays an important role in the structure and content of [1], and to demonstrate the role of electronic evidence can also play the same with traditional evidence. Therefore, from the point of view of the p