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Civil Procedure Electronic Evidence

Author: LvXin
Tutor: GuoJiYuan
School: China University of Political Science
Course: Procedural Law
Keywords: Electronic evidence rules Civil Procedure Law Probative force Data messages Electronic records Audio-visual materials Evidence of qualifications Admissibility Civil Evidence Act Electronic Signatures
CLC: D925.13
Type: Master's thesis
Year: 2006
Downloads: 481
Quote: 6
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Abstract


While the commencing of Information Age, electronic evidences appear in the field of civil procedure, which has made a great impact on the system of that. During the time of legislation focusing on making of the Civil Evidence Law and revision of the Civil Procedural Law, the author makes a systematic study of both the theories and legislation of electronic evidences by analyzing the status quo of their application and comparing that with the relevant provisions in other countries and the international prevailing practice.The thesis is divided into five chapters.Chapter One: Outline of Electronic Evidences is the fundamental part of the thesis. In this chapter, the author introduces the connotation of electronic evidence and analyzes the classification and characters of electronic evidences. Such issues constitute the bedrock for the study in this thesis.Chapter Two: Legal Status of Electronic Evidences, as one of the key parts of the thesis, is written to solve the problem of the legal status of electronic evidences. In this chapter, the author reviews several theoretical doctrines about electronic evidences’status, makes a study of foreign legislations in a comparative method and reaches some conclusions for China.In Chapter Three: Admissibility of Electronic Evidences, the author puts stress on the admissibility of electronic evidences, which is most challenged in the world. He analyzes the basic theory of admissibility and the status quo of electronic evidences’admissibility, and then refers to the provisions of the other countries. A conclusion about how to examine the admissibility of electronic evidences is reached at last.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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