Quentin Sommerville, BBC News. Qin Gang, do you have children?
(laughter) (Qin Gang gave one nod affirmative)
I ask you because a few weeks ago, you asked my colleague whether he had children when he asked a question about Green Dam Youth Escort. And you said that the Green Dam Youth Escort is essential to protect the children of China, and my colleague would of course understand that if he had children. So now that the government has delayed the installation of this software, are the children of China, perhaps your children less well protected?

Computer and network technology has been described as more unprecedented than other technologies in the rapid trend of entering into people’s daily life since the 1950’s, and its future development potential can not be easily assessed. The impacts on people lives may be even beyond the human other social activity. The spread of electronic data also infiltrates naturally into the crime and the judicial field of countering crime, so its importance in the criminal proceeding grows significantly. Today, evidence being magistrate, the electronic evidence which has generally been generated by the new technologies puts forward a new test to the proceedings. It makes the judicial system all over the world not only never ignore relevant questions of electronic evidence, but even have to put them at a very important position to consider. A lot of countries under the two systems of statute law and case law have been ahead of China at this point, most of them have corresponding legislation coping strategies, including build the rules of the evidence, proof, examination, certification and other aspect of electronic evidence. But in China, although it has been involved sporadically in the Code of Civil Procedure and the Code of Administrative Procedure, it is rather scattered, fragmented, and it is still a blank needed to be solved in the Code of Criminal Procedure. A small number of people in academic and practice community advocated consolidating the laws of evidence in the three lawsuits into a unified law of evidence, this claim has been negative as per China’s national conditions, and to amend the overall Code of Criminal Procedure has been put on the legislative agenda. Electronic evidence has deeply influenced the forms of evidence type in criminal proceedings and it should find its specific position in the Code of Criminal Procedure. Therefore, this article makes the following discussion for electronic evidence from the perspective of the Legislative Code of Criminal Procedure, designing to make some rough ideas about amending the Code on this issue that has to be faced to, to enrich the reference information of legislators.

This article is divided into five chapters, separately from the concept and the characteristics of electronic evidence, the legal status of electronic evidence, the evidence and the certification of electronic evidence in criminal proceedings, and the amending legal framework for electronic evidence in the Code of Criminal Procedure, to explore the restriction and application of electronic evidence in criminal proceedings.

Chapter I, first of all, begin from the concept of existing evidence. The concept of the evidence in China’s Criminal Procedure Law is very simple, it considers: “All the facts that prove the real situation of the cases are evidence.” It simply provides the connotation of quality of evidence that the materials of evidence are all evidence if they meet the requirements of this definition. However, the existing law further limits the evidence, “must be verified to be the basis for final decision”, that is, not all facts that can prove the real situation of the cases are the evidence, and it forms the current conflict in the concept of criminal evidence. So in my opinion the concept of electronic evidence, must not only contain the characteristic that the form of existence of the information should be electronic data, but also contain the meaning of the law of evidence to be regarded as the integral definition. Therefore, the concept of electronic evidence should be divided into two parts, one is the concept of electronic data, and the other is the concept of legal significance. For electronic data, I think broad definition should be used, to make legislation with inclusive. For the part of the legal significance, it must reflect the review of electronic data should have been finalized and can be used as the basis to judge. A complete description of the concept of electronic evidence is as follows: all information which are generated, stored, transmitted, outputted via the use of electronic technology or other related technology and equipment, and can prove the real situation of the cases. Finally, I simply generalize the characteristics of electronic evidence, including digital, high-tech, stability and vulnerability existing side by side, network and so on. Most scholars believe that electronic evidence has vulnerability of being modified easily, but I think its basis of high-tech technology indeed makes the traces of modification can not easily be grasped, but it is precisely that this characteristic of electronic evidence is not easy for ordinary people to make changes by for, and development of high technology also makes it easier to detect traces of modification, so I prefer the characteristics of stability. These characteristics of electronic evidence are not only the reasons why separate legislation is clearly required, but also the basic for the content of following chapters.

Chapter II, mainly focuse on the legal question of electronic evidence. Our country used closed classification of evidence in the past, so electronic evidence was often classified as a particular type of traditional evidece. For the classification of electronic evidence, the current theories of the formation include “audio-visual materials theory”, “documentary evidence theory”, “exhibits theory”, “conclusion of expert corroborations theory”, “mixed evidence theory”, “independent evidence theory” and so on. By analyzing several current theory of classification, I think, while the audio-visual materials and electronic evidence have natural “kinship”, they already have a clear distinction with the development of science and technology, such as the different basic technologies needed to depend, the defferent performance status of transmission, transformation and presence of various levels of equipment interior as well as the meaning of audio-visual materials could not completely cover all forms of electronic evidence. Therefore, the separation of the audio-visual materials and electronic evidence is a general trend. In addition, the characteristics of electronic evidence has also decided it not to belong to the documentary evidence, exhibit evidence and conclusion of expert corroboration. Being in favor of dismembering electronic evidence into each traditional evidence, “mixed evidence theory” gives more huge impact to traditional evidence system, and the supporters of this theory are not able to achieve the intention of maintaining the stablility of original law through attempting the adoption of conservative legislation. In view of this, I bring up that electronic evidence should have an independent legal position, and make corresponding design of the law. The closure and formalization of the traditional classification have shown the obvious drawbacks increasingly in the face of the social development, it should be comprehensively modified by the opportunity of adjusting the Code of Criminal Procedure. I reclassify the China’s traditional evidence by borrowing the common trichotomy of documentary, exhibit and witnesses evidence in foreign, and make the electronic evidence independently stand side by side with these three evidence. I think the traditional forms of evidence are only the manifestation of these four forms of evidence, in order to make the law more inclusive, there will be no more classification under the four evidence.

Evidence as the source of the evidence question, is the initial aspect of all the evidence activity, and certification is the ultimate goal of the evidence, the burden of proof and the cross-examination. Therefore, Chapter III and Chapter IV mainly focus on the evidence and certisfication of electronic evidence in criminal procedddings.

Chapter III, mainly focus on the evidence system of electronic evidence. First of all, analyze the need for different evidence measures of static and dynamic electronic evidence beginning from the classification of electronic evidence. The evidence information stored by static electronic evidence has been curing in the digital electronic equipment, generally, it will be quite well-preserved for a long time without the damage of artificial factors or the damage to electronic equipment, so for this form of electronic evidence, using traditional search, seizure, etc will be able to achieve the basic evidence. The dynamic electronic evidence is at the network status, the general search, seizure of evidence can not complete the collection of information, it needs to adopt more effective measures of evidence. On this basis, I further discuss the main part of evidence, the principle of evidence and the evidence collection procedures of electronic evidence. Although the “Internet Police” which has already existed in the interior of the detection organs has made remarkable achievements on evidence of electronic evidence, there still are issues of backward technology equipment, less overall quality of staff, not close in regional cooperation and so on. Also, technical experts could be employed to carry out supporting investigators to evidence, it could make the investigators help each other with the experts, improve the efficiency of evidence. During the evidence, we should determine the evidence principle of balancing timeliness, comprehensiveness, punishment to crime and protection of human rights, and it is necessary to regulate the preparation before the evidence, protection measures of evidence and preservation of evidence after the evidence in the evidence proceeding. Then in this article, through studying the measures of criminal investigations in the “Convention on Cybercrime”, I put forward the defect of China’s current evidence measures and the direction of improvement. Establish the opinion that the electronic evidence have to take the special evidence measures of real-time collection, highlighting the improvement of protection measures of human rights, stipulating the obligations of confidentiality and help, embodying the principle of proportionality. Comparing to the evidence of judiciary, it is more necessary to protect and regulate the evidence activity of the main part of the non-judicial, in the final of this chapter, I suggest for this question that the parties should strengthen their awareness of evidence, several forms of evidence should be established to ensure the implementation of the evidence function, and make difference between the legitimacy of the evidence recorded in audio, video secretly by parties and the review standard of being illegal in evidence by judicial main part.

Chapter IV, mainly focus on the certification system of electronic evidence. First discuss the need for the intervention of the assistant main part in the certification, the principle of carrying out non-discrimination, the principle of classification and the principle of mainly to the discretion of the judge. Second, further explore the issues of evidence qualification and proven ability of electronic evidence. As an independent form of evidence, electronic evidence should be subject to the determination of relevance, authenticity and legitimacy to determin the eligibility of evidence. To determin the authenticity of electronic evidence has greater significance. Through using the reference of expanding the original connotation of electronic evidence in “functional equivalent law” in foreign, determine the production of a copy of the case to illustrate the copy has the same effict with the original. “True of the law” theory can also be used for authentication of electronic evidence, to shift the determination of proven ability to the judgement of integrity, determine the power of proven ability by determining whether the contents of electronic evidence and electronic system are complete or not. Therefore I believe that the determination of proven ability of electronic evidence should not only carry out the judge’s discretion, but also combine with other methods to support, we could define the rules of proven ability of several electronic evidence in the law, develop industry specifications or standards in technology, and establish the rules of investigation and verification to help forensic judges to comprehensively understand the information, such as the generate process and methods of the electronic evidence.

Finally, summarize the first four chapters, in Chapter V, I put forward the general outline of establishing the system of electronic evidence in the amendment of the Code of Criminal Procedure. I advocate to take a practical and positive legislative attitude for the system of electronic evidence, study the foreign practice, combining with the reality of China to formulate the operational rules, do not rigidly adhere to a purely theoretical studies, and use the form of legal documents of multi-level effectiveness to form encircled legislation, generally considering the balance of the Code and the clarity of norms of electronic evidence. The legislative content should be comprehensive and highlighted for the characteristics of electronic evidence. Limited to my spares and shallow knowledge, and the shortage of related information, this article only make some simple discussion on the basic law question of the electronic evidence, put forward some immature opinion on the issues such as the concept of electronic evidence, crisscross classification of evidence, evidence of the main party of non-detection organs and so on. Omissions and weaknesses are inevitable, hope scholars and teachers criticize please.

Key words: electronic evidence, criminal proceeding, legal status, evidence, certification, legal framework

As he was a great fan of his movies, he rushes over to him, and asks for his autograph.

Instead, Spielberg gives him a slap and says, you Chinese people bombed our Pearl Habour, get outta here.

The astonished Chinese man replied, it was not the Chinese who bombed your PearlHarbour, it was the Japanese?

Chinese, Japanese, Taiwanese, you are all the same,?replied Spielberg.

In return, the Chinese gives Spielberg a slap and says, you sank the Titanic, my forefathers were on that ship.

Shocked, Spielberg replies, it was the iceberg that sank the ship, not me.

The Chinese replies, Iceberg, Spielberg, Carlsberg, you are all the same.

( This particular joke won an award for the best joke in a competition organized in Britain )

Below is the detail of this mail. Please pay attention to this type of scam.

FROM THE DESK OF THE PROMOTIONS COORDINATOR
{MICROSOFT GLOBAL E-MAIL LOTTERY}
MRS. MARIE STEVE
INTERNATIONAL PRIZE AWARD DEPARTMENT
JOHANNESBURG, SOUTH AFRICA
FILE REF:HL/8121/31/11/MICS
BATCH: MC44/707/3PDH /EU
OFFICIAL WINNING NOTIFICATION:
Dear Winner,
It is obvious that this notification will come to you as a surprise but please find time to read it carefully as we congratulate you over your success in the following official publication of results of the e-mail electronic online Sweepstakes organized by Microsoft, in conjunction with the Bill Gates foundation for the promotion of BID-SA 2010 FIFA WORLD CUP that was held recently held here in South Africa.
Wherein your electronic email address emerged as one of the online winning emails in the 1st category and therefore attracted a cash award of USD$2,000,000.00 (Two Million United States Dollars). Our winners are arranged into four categories with different winning prizes accordingly in each category.
We write to officially notify you of this award and to advise you to contact the processing office immediately upon receipt of this message for more information concerning the verification, processing and eventual payment of the above prize to you.
It is important to note that your award information was released with the following particulars attached to it:
(1) Award numbers: NL 62/7811
(2) Email ticket numbers: NL901/33/65
(3) Batch numbers: MC44/707/3PDH /EU
(4) The file reference numbers: HL/8121/31/11/MICS
(5) Serial Numbers:McST/030/NL0981
For verification purpose be sure to include the following information’s to us in your reply:
(1) Your mailing address:…………………………
(2) Your Telephone(Mobile):……………………..
(3) Your Nationality/Country:…………………….
(4) Your Full Names:………………………………
(5) Your age:………………………………………..
(6) Your sex:………………………………………..
To file for your claim, Please contact our claims manager:
CONTACT
*******************************************************************
CLAIMS MANAGER
MR. VICTOR BARR
TELEPHONE:+27- 731 – 324 -667
E-MAIL: victorbarr001@live.com
********************************************************************
The Microsoft Internet e-mail lottery Awards is sponsored by our consortium of software promotion companies. The Intel- Group, Toshiba, Dell Computers and other International Companies. The Microsoft internet e-mail draw is organized to encourage the use of the Internet and promote BID-SA 2010@LOTTERY.
Yours faithfully,
Mrs. Marie Steve
Online co-ordinator
Bidsa2010@Lottery .

. Be very careful to “reply all”.

. Never use BCC.

. Never leave “Subject” blank. 

. When you reply an email but change the topic, change the “Subject” as well.

. When you report something, please make sure the receivers have the same background as you.  Or you need to address as clear as enough.  Not just a simple words and then after 100 replies, the receivers still cannot have the full picture.

. Don’t just response “yes, I got it”, “thanks”  unless very neccesary. 

. Don’t expect the receivers really receive the email, even you have tick-up the receive note option.

Feedsky is another RSS feeds provider which is hold by some Chinese. It provides the services which are mostly like Feedburner. And its servers are placed in China so it will not be effected by the GFW.

So many Chinese bloggers registered Feedsky accounts for distribution. I also registered an account at that time. But comparing with Feedsky, Feedburner provides much more services basing on RSS feeds field.

From Jan. 2008, Feedburner is available again. I’d like to change the RSS feeds provider back to Feedburner. But the question is, my blog subscribers have subscribed the feed which is hosted by Feedsky, how to migrate the RSS subscriber between Feedburner and Feedsky without losing anybody?

Now I find an approach. First, delete the CNAME of the feed subdomain name which is used to point Feedsky, then create an A record of that subdomain name to point to your own server, add this subdomain name to the host header, at last, create an index.asp as below.

<%
if Request.ServerVariables("SERVER_NAME")="feed.palfans.net"
then
   response.redirect("http://feeds2.feedburner.com/palfans")
end if
%>

We needn’t to announce the modification of the RSS feed provider. The subscribers could use feed.palfans.net permanently without caring about where the feed deposits with. Even Feedburner is banned by GFW again, I can only change the redirect target from Feedburner to Feedsky.

Now I have tested this approach for some while, it goes well. I think the only defect is that it is a little complex during configure the web site and the domain name.

The TV ads said in the past two days, the major manufacturers of air-conditioning made big price cuts, at discounts of 40%-50%, it appears that all the businesses encounter suffering. Chinese People have a characteristic, not suffering from poverty, but inequality. Excluded from the high above, powerful privileged class aside, most of the remaining people are becoming poor together, well, nobody opposes. Anyway, I can not afford meat, so doesn’t you.

One of my 2009 plan is to get some stocks. At this year the economic environment is so difficult, but I took upon myself to join the group locked by the market last week. Purchased shares at 2 hours later, I was locked successfully, and till now I do not see the signs to turn the tables. Hereby Memory.

Finally, I want to say, I really do not want to pay the retirement fund, my motherland, ah, spare me please.