An Analysis On The Electronic Evidence In The Civil Procedural Law

Along with the development of the modern information technology and the global internet technology, it brings not only Electronic commerce, a new way of trade, but also electronic evidences, a new concept of law. But there are few regulations about electronic evidences. It is no doubt that the appearance of the electronic evidences had made a great impact on the system of evidences and civil procedure. Now the amendment of civil procedure is on the agenda. The author makes a systematic study of both the theories and practices of the electronic evidences by comparing that with the relevant provisions in other countries and the international prevailing practice and analyzing the legislation and the status quo of their application in our country.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. And this part is the prerequisite of the study in this thesis. 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.Chapter Three: Admissibility and probative force of Electronic Evidences is the most challenged fields in our country. Admissibility of electronic evidences is discussed the qualification of an evidence. The author studies the basic theory of admissibility by analyzing the confliction between the admissibility rules of electronic evidences and the traditional rules and comparing the settlements of foreign countries. Probative force of electronic evidences is focus on that if the electronic evidences themselves or combining with other evidences could be proved the fact of the case and how much weight they could be proved. The author studies this part by introducing the legislations and the status quo of their application about the principle and rules of the probative force of electronic evidences and analyzing the factors which can influence the probative force of electronic evidences.Chapter Four: The exercise of electronic evidences is the part to solve the issues in the application of the electronic evidences. First, the author studies the principle, the subject and the object of the collection of the electronic evidences. Meanwhile the fixing and preservation of the electronic evidences is introduced simply. Second, the author completely introduces the content and the methods of the examination of electronic evidence.The last part of this thesis is Chapter Five: Proposals for the Legislation of Electronic Evidences which is the core of this thesis is the final issue that must be solved. In this part the author chooses the guiding thought and the legislation model by analyzing the status quo of the legislation of electronic evidences in China. And then the author gives some suggestions about and new rules about how to determine the legal status of electronic evidences and to make necessary rules for electronic evidences on the basis of the fruits in the above four chapters.