TRIAL ON THE ELECTRONIC EVIDENCE: CHINA’S RULES ON ELECTRONIC EVIDENCE

Abstract

How to use electronic evidence to decide cases has become a major conundrum in Chinese judicial practice. Starting with an analysis of a typical case, this article discusses two basic ideas of electronic evidence in deciding cases, points out the distinctions between scientific proof and judicial proof, and concludes that it should follow the road of judicial proof by suitably referring to the principle of scientific proof. On the basis of such discussion, it further expounds on the models and the mechanisms of electronic evidence. In addition, considering Chinese traditional theory of evidential law and learning from the proving method in historiography, it puts forward the theory of evidential system for electronic evidence in the virtual space. Finally, it focuses on how to deal with the digital alibi in practice and arrives at a solution by managing those theories comprehensively.

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2014 Higher Education Press and Thomson Reuters