On The Electronic Evidence Reservation

With the fast development of electronic technology, extensive use of electronic equipments and network interconnections, all kinds of network activities increase gradually, the civil disputes that the network arouses also unceasingly increase, when resolving the dispute, the treatment of electronic evidence becomes the focal point in legal action gradually , electronic evidence is regarded highly day after day. In recent years, legislation and actual judicial practice relating to electronic evidence ceaseless are in progress, electronic evidence unfolds his distinctive attributes (electronic evidence has formal vulnerability, essentially firm , compound ,disperse, have no boundary , high technology , attachment , modification, separating nature and so on) to us, the key of lawsuit lies in evidence, and the key of collecting evidence is that how to conserve evidence, evidence conserving could increase the authenticity and certification. The differences of law attributes of electronic evidence, has direct impact to evidential value and attesting ability of electronic evidence, also has direct impact to the way method that electronic evidence keeps intact. Compared with traditional evidence, electronic evidence has distinct characteristics, regardless of the way of preserve, propagation and perception, Electronic evidence could not exist without electronic equipment and media, and extremely easy be tampered or destroyed without discovery. High technology of electronic evidence etc. that determine that party directly obtain evidence difficult, as a result, for resolving contradiction, constructing perfect electronic evidence conserving system is very necessary.Starting with the concept of electronic evidence, this thesis study electronic evidence's principal characters, say physics characteristic, dynamic characteristic. Clearing the differences between electronic evidence and tradition evidence, we give out the concept of electronic evidence conserving, and the current situation and necessity. Further, we put forward four principles, named legitimacy, efficiency and cost, timeliness, integrity, minimum damage. Guided by principles, we study the system that electronic evidence conserving, including entity condition, form condition, administering, time condition, cost and assurance. Except the tradition court conserving and notary organization conserving, we introduce unconventional measures, including network notary, electronic archives administration and third-duty's responsibility, etc. Regard to conserving evidence, range and content are very important, integrity and minimum damage principles show further demands in the process of electronic evidence conserving.