Research On Recognition Of The Civil Electronic Evidence Effect

The appearance of electronic evidence is based on the development of electronic technology. At the sane time, the appearance of electronic evidence also challenges the evidence law system in force. It's difficult to try the lawsuit of electronic evidence because of short of the rules on the admissibility. It's urgent for us to correctly deal with the electronic evidence in civil litigation procedure. In the theoretical field, there are much controversy on the concept and the characteristic of the electronic evidence. The laws and regulations about the electronic evidence are simple and vague. In practice field, relatively profound study had been conducted on electronic evidence in some individual lawsuit, but a clarified position of electronic evidence has not come into being.This dissertation combines the advanced research achievements both from our and foreign countries and it analyzes the civil electronic evidence overall and thoroughly:Starting from two cases, the first chapter introduces the concept and characteristics of Electronic evidence through the problems reflected by the cases such as different standards, criterion vacancy and so on. The conclusion is that we should give the electronic evidence an independent position and the electronic evidence should replace the audiovisual materials and become one of seven evidence form.Chapter Two discusses the qualification and capacity of electronic evidence. The evidence capacity is the base on evidence weight. The evidence capacity includes the relevance, legality and authenticity standard. The evidence weight includes the reliability, integrality and sufficiency standard.Chapter Three analyzes the principle of electronic evidence. It includes the due procedure principle, the equal right principle, the rational principle, and purpose-oriented principle.Chapter Four expound the high degree of probability standard to recognize electronic evidence, and also analyses how to apply the standard of the high degree of probability to practice in some law cases.Chapter five is the major part of the paper. This chapter mainly discusses the recognition rule of the electronic evidence, and systematically analysis the relative rules of the electronic evidence, combining with the Authentication Rule Best Evidence Rules and Exclusionary Rule to recognize the effect of electronic evidence, and providing some suggestions to perfect the relative evidence regulation.Finally, as the "king of evidence", the electronic evidence should be paid great attention in our country, and confirm its effect in the form of law.