Journal of Jishou University(Social Sciences) ›› 2010, Vol. 31 ›› Issue (5): 53-59.

• Law • Previous Articles     Next Articles

On the Determination and Classification of Digital Electronic Evidence

  

  1. (School of Law,Huazhong Normal University,Wuhan,Hubei 430070,China)
  • Online:2010-09-15 Published:2012-03-16

Abstract: The appearance and wide use of digital electronic evidence has almost subverted the tradition of judicial evidence system.Presently,digital electronic evidence is generally classified into traditional category of audio-visual evidence,which is illogical and contrary to the fact,leading to the confusion in judicial practice and preventing the construction of legal system.Therefore it is important to determine the difference between digital electronic evidence and audio-visual evidence and the relationship of them,firstly determining the property of digital electronic evidence scientifically and classifying it reasonably.In jurisprudence and logic,digital electronic evidence and audio-visual evidence should be equally listed as electronic evidence.Digital electronic evidence,as a new and independent form of evidence,should be classified as the “seventh” type of legal evidence in our country,calling for urgent legal regulation and determination.

Key words: digital electron evidence, audio-visual material, evidence property

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