On The Electronic Evidence In Civil Process

Evidence is the core of civil litigation, also is the first factor in prosecution in all cases, if there is no evidence, that it is unable to confirm the facts. However, with the rapid development and extensive application of the information technology, people have a profound understanding of the convenience of the high-tech in human life, the traditional way of life is changing. In the area of litigation, the traditional legislative provisions about evidence can not fully cover the new forms, so comes the concept of electronic evidence.This paper aims to define the electronic evidence and discuss the attribute, collection, the rules and probative force of the evidence. Electronic evidence is shown in electronic form, can prove the material facts of the case. Compared with the traditional forms of evidence, electronic evidence is advanced by its high-tech, precision, fast transmission, and other advantages, but is also susceptible to tampering and destruction. China's three major procedural laws made specific provisions of evidence, but without any provisions about the information stored in electronic equipment except the audio-visual materials. Therefore, it is necessary to make accurate position for electronic evidence, make specific provisions on the adoption of electronic evidence and probative force to guide judicial practice.Through Accessing to the foreign material especially the Code of Civil Procedure and Evidence Act concerned electronic evidence in Germany, Britain, the United States and Canada, also the relevant cases in Britain, the United States and other countries, made deep study to the source of rules of evidence in Britain and the United States, completely elucidate the breakthrough of electronic evidence to the best evidence rule and the hearsay rule.Although China's current legislation did not clearly defined the electronic evidence, but from the "Contract Law" and the judicial interpretation by Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security and the Ministry of Justice, we can vaguely find the individual provisions of electronic evidence. Electronic evidence is one form of the evidence in a lawsuit, has its unique content and form, like the traditional evidence, the electronic evidence also has relevance probative and play an important role in the lawsuit.