电子证据在诉讼法中独立地位之探析

随着计算机技术的不断发展,与计算机有关的各类诉讼也在不断增加,而电子证据作为独立证据类型在我国还没有正式确立。鉴于我国电子证据立法和实践混乱的局面,我们当务之急应是在借鉴国外先进立法的同时,依据我国的具体情况制定出专门的电子证据法律规范,赋予电子证据作为独立证据类型的法律地位,以适应不断发展的社会需要。

A Probe on the Independent Status of Electronic Evidence in Procedure Law

As the development of computer science and technology,the kinds of lawsuits concerning computer are on the increase.However,electronic evidence as an independent type of evidence has not been formally established in procedure law in China.In view of the confused situation of legislation and practice on electronic evidence,it is necessary for us to lay down specific regulations on electronic evidence according to the concrete situation in China and meanwhile use the advanced legislation in other countries for reference.Electronic evidence shall be established in legislation as an independent type of evidence in order to adapt to the increasing social demand.