电子证据法律地位探析

An Analysis on the Status of Electronic Evidence in Law

通过对证据形式发展的推动力原因的分析,研究了电子证据的特征及其法律上的可采性,比较了电子证据与其它证据表现形式及书证和视听资料证据的差异性,提出应当用发展的眼光看待电子证据这一新的证据表现形式,与科技进步紧密结合,共同解决电子证据的相关法律问题。

Through the analysis of the reasons for driving the development of the forms of electronic evidence, this paper studies the nature of electronic evidence and its adoptability in law, and compares the differences with other forms of evidence, especially written evidence and audio and video data evidence. It is suggested that we should view electronic evidence as a new form of evidence in a developing manner, and integrate it tightly with the progress of science and technology to solve relating law problems of electronic evidence.