论电子证据的法律地位

On Legal Status of Electronic Evidence

随着科学技术的进步和计算机的广泛运用 ,电子证据在刑事诉讼活动和证明过程中占有日益显著的地位。作为对新生事物的关注 ,我国法学理论界对电子证据的法律地位、种类归属及证据力等问题的研究在近年内也缓慢起步。因此 ,当前有必要从电子证据的收集与提取、资格与归属、认证与证明力各环节出发 ,对电子证据进行更加深入的理论分析和探讨 ,从而作出新的立法构想与安排 ,以弥补旧有制度的缺陷 ,并适应社会进步和国际发展趋势。

In pace with the vigorous development of science and technology and with the broad application of computer, electronic evidence has played a very important role in criminal procedure and proof. The study on electronic evidence has recently began with this newly emerging thing, but it is very slow and superficial. So it is the time to solve such question as the collection, confirmation, adoption of electronic evidence, etc. In the end ,we must design a series of measures to remedy the law's weaknesses and to keep up with the step of social development.