对我国电子证据取证的认识及建议

On Understanding and Suggestion of China's Electronic Evidence Collecting

随着计算机技术的普及与发展,关于电子证据的案件也日趋繁多,然而电子证据作为有效的法律证据被当事人接纳及法庭认可,还面临着诸多问题。应尽快通过对电子证据有效分析,结合国外先进经验解决现有电子证据法律定位不准、当事人取证困难、证据完整性等一系列在司法实践中出现的问题。

Along with the popularization and development of computer science and technology, the cases concerning the E -evidence increased more and more. However, being the valid law evidence, the E - evidence is accepted by the client concerned and the court, but it still confronted many difficulties at present. By means of the rational analysis, together with the advanced experience from both China and abroad, we must solve the problems as soon as possible on the following points ： improper law orientation of the E - evidence, hard to collect evidence by clients concerned, as well as the evidence integrality, etc, which appeared in the judicial practice.