网络证据的特殊性及研究价值

The Special Feature and Value of Network Evidence

网络证据是指从不同网络终端获取的信息载体。它是电子证据中一类独特的存在形式。与其他形式的电子证据不同,网络证据可以通过不同地点、不同空间在网上获取。因此,网络证据的收集、审查、认定都有着特殊性。明确界定网络证据的概念、特征,对于更好地开发证据调查、收集的新方法,在司法实践中更好地查明案件事实;对于修改和完善我国立法关于诉讼证据及其运用规则的规定;对于我们从新的角度去理解证据及其相关基础理论问题,都有着极其重要的意义。

The network evidence is the information carrier acquired from different network terminals, and it is a unique type of electronic evidence. Different from other types of electronic evidence, the network evidence can be acquired from network at different places. The network evidence is concerned with the location of obtaining evidence, information acquisition, storage method and the technique of investigating and verifying. It is so special that its evidence rule including collection, investigation and affirmation sbould be different from others. In the network age, it is of great important meaning to deeply analyzing network evidence, accurately apprehending network evidence and scientifically using network evidence. By doing this, we can investigate evidence better, find new methods better, and discover the fact of cases better in judicial practice. It benefits our job in modifying and perfecting Chinese laws about litigation evidence and its using. We can apprehend the problem about evidence and its relational basic theory from a new point of view.