Analysis On Probative Force Identification Of Electronic Evidence

With the popularity of information technology and the development of networks, information and internet have reached deep into all aspects of our life. And various kind of disputes raised in this process are constantly brought to the court with a large amount of the hi-tech and new-type evidence in front of the judge, which has caused widespread concern on the electronic evidence in civil actions in terms of its preservation, investigation and demonstration. This paper, taking the dispute on the violation of the information network dissemination right as the case study, is focusing on the analysis of electronic evidence from the aspects of preservation effect, investigation and identification, remedy for the weaken party and demonstration problems. On this basis, some thoughts on the protection of the probative force of electronic evidence have been brought forward and the improvement of the related systems during the judicial practice has been further discussed.The paper is composed of 3 parts. Part 1 has given an introduction about the case with its cause, details and the judgment of the first and second instances, and pointed out the focus over the case. Part 2 has listed and summarized the focus of the controversy over the case in judicial practice and the different opinions. Part 3 is the conclusion. In this paper, how to identify the effectiveness of the electronic evidence is taken as the core part. And then the comments have been given to the various opinions on the controversy focus in practice, which has clearly stated the author's point of view. First of all, through the analysis on the actual situation of the electronic evidence's preservation, the related identification standard has been discussed. Secondly, in terms of the characteristics and the admissibility of electronic evidence, the high degree of probability standard used in determining the probative force of electronic evidence has been elaborated. Then the burden of proof is clarified based on the analysis of the remedies for the vulnerable side in the civil action. What is more, some views on the electronic evidence demonstration have been put forward in order to improve the efficiency of the trial proceeding. Finally come up with the ideas about the protection of electronic evidence in practice: Suggestion 1,to speed up the legislation of electronic evidence, making it as one independent evidence type. Suggestion 2,more strong supervision should be given in response to the judge's identifying evidence effectiveness under the principle of discretional evidence. Suggestion 3,related systems should be established to protect evidence's probative force.