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Electronic Proof Law Issue Research

Author: WangZhongLing
Tutor: DongCuiXiang
School: Shandong University
Course: Legal
Keywords: Electronic evidence Legal positioning Evidence of qualifications Proven ability to Review identified
CLC: D915.13
Type: Master's thesis
Year: 2009
Downloads: 231
Quote: 2
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Abstract

Electronic evidence is becoming a new form of the Evidence, an urgent need for a theoretical discussion and legal norms. Status of electronic evidence in evidence in the legal system, in a civil action should be adopted standards and rules finds its review, can not find the exact answer to both legislative and trial practice. Based on the existing achievements of domestic and foreign scholars for the study of electronic evidence, combined with the practical problems encountered by the author in the civil trial, using historical analysis and comparative research methods, this new evidence in the form of electronic evidence are discussed, in order to play the electronic for the purpose of the evidentiary value of the evidence in the civil action. The article Zhuwen is divided into five sections: the first chapter, Overview of electronic evidence. The main meaning of electronic evidence, the characteristics of the electronic evidence, electronic evidence classification analysis shows clarify the basic concepts and basic theory associated with this thesis, the part is to commence full articles discussed foreshadowing chapter. The second chapter, the legal status of electronic evidence. The provisions of this chapter, Section I of the electronic evidence in our current legal norms and legal position, pointing out that the legal status of existing laws and regulations on electronic evidence is not consistent. Section II describes the theoretical controversy and analysis of relevant electronic evidence of academic types of electronic evidence doctrine is reviewed highlights more representative of the \said. \Section III comparative study of the legal position of the electronic evidence to introduce legislative experience and results of some foreign countries and organizations on electronic evidence analysis. On this basis, the positioning of electronic evidence law ought to be thinking, certainly this influential independent status says \on to become the seventh form of evidence in the Evidence Act. Chapter III, electronic evidence, evidence of qualifications and probative force. Chapter discusses to elaborate electronic review identified rules of evidence in civil trials and expand. Section elaborate analysis of electronic evidence, evidence of qualifications, authenticity standards, legitimacy and relevance standard electronic evidence eligibility criteria described, and evidence of the eligibility of electronic evidence in our current judicial practice . Section II discusses the strength of the evidence electronic, specified the basic principles of electronic evidence probative force finds that freedom identified mainly with reference to the standards supplemented by the principle; Comprehensive Accreditation principle; the traditional judgment with the modern means of the principle of combining. Chapter 4, electronic evidence review finds. This chapter discusses the focus of this article, is the purpose of this writing, no longer part of the certification of electronic evidence theory and basic issues as discussed focus, focus on the completion of the review of electronic evidence and identified in a civil action. The first section on the examination of electronic evidence, called for a review of electronic evidence authenticity, relevance review of electronic evidence, the review of the legality of electronic evidence. The about electronic evidence identified in Section II, focusing grasp identification standards for electronic evidence probative force that grasp the electronic evidence associated with the degree of identification, the identification of reliable electronic evidence, electronic evidence, the full extent of the identification. Section III identified two issues related to electronic evidence review, that the electronic presentation of evidence, and rules of evidence, and a brief description. Chapter 5, recommendations on the legislation of China's electronic evidence. Summarize the basis of the legal system of the status quo of China's current electronic evidence, pointing out that the current standard missing electronic evidence and insufficient, and asked the legislative the demand and judicial demand in the current situation, the legislature and judiciary should pay close attention to the electronic evidence in the electronic evidence legislation, grasp the principle of moderate advance, confirmed the independent status of the electronic evidence, clear connotation and denotation of electronic evidence, clear electronic evidence rules, give full play to explain the function of the judiciary, the establishment of electronic evidence notary mechanism and authentication mechanism .

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system > Evidence system
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