Abstract
As a new object in judicial practice, electronic evidence is of great practical significance. To locate the probative force of electronic evidence, which can be used to prove the facts of the crime, judging the electronic evidence validity, and how to establish scientific rules of electronic evidence, which not only effectively contains crime, but also protects civil rights from illegal infringement of state power becomes very important. This article outlines the definition of electronic evidence and rules and establishes a suitable electronic evidence system of China's criminal procedure system based on the analysis of problems in each link of judicial proof in judicial practice and the four aspects of judicial proof.
Highlights
There is no uniform evidence law in the judicial practice in China, and the relevant evidence systems are divided in the three big procedural laws
To establish a rational criminal evidence law, we must start from the rationality and procedural justice, to analyze the characteristics of different evidence, and construct the relevant evidence rules
Scientific evidence rules are an important embodiment of the procedural justice and the guarantee of human rights
Summary
There is no uniform evidence law in the judicial practice in China, and the relevant evidence systems are divided in the three big procedural laws. A famous jurist of evidence, believes that the core content of the evidence is a set of technical rules that are essentially negative norms and rules of exclusion. These specifications and technical rules make clearly defined which facts may appear in the court as well as how to prove the facts appear in the court (Chongyi, 2014; Shuhou, 2015; Jianlin, 2014; Jiahong, 2014; Jiahong, 2014). Scientific evidence rules are an important embodiment of the procedural justice and the guarantee of human rights. Evidence rules help to protect human rights, specific social relations, and social interests
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