电子证据司法实践探索

摘要

2012年新刑事诉讼法第48条将电子证据确立为一种新的证据类型，采用立法的手段规范这一通过新的技术手段所产生的证据，赋予其证据资格，从立法的层面确立了电子证据的法律地位。然而，司法实践中仍然面临着电子证据的内涵、外延、可采纳性与证明力等方面的难题。文章将对电子证据在司法实践中面临的以上难题做了探讨。%The electronic evidence is established as a new type of evidence in the article 48 of the Criminal Procedure Law of the People's Republic of China (2012 Amendment). The evidence that is produced by means of the new technology is regulated and the competency of evidence is given through legislation, and the legal status of the electronic evidence is conifrmed from the legislative level. However, connotation, extension, admissibility and probative force of the electronic evidence are still the dififculties in judicial practice. The problems of judicial practice as mentioned above will be discussed positively in this paper, which is based on the legal status that makes“electronic data”independent of traditional evidence.