On The Application Of Electronic Data Evidence In Civil Trial

The essay tries to discuss the problems in the application of electronic data evidence in civil tries, and analyze from aspects like collection, conservation, credibility and probative force of the electronic data evident. It tries to figure out reasonable possibilities and actions to improve the application of electronic data evidence from the view of legislation and the trial practice.There are4main chapters in this essay:Chapter one, general description on electronic data evidence. Comparing its differences from documented evidence and audio-visual evidence, this chapter explained the concept of electronic data evidence, and its the special characteristics like dependency, intangibility, complexity and damageability. Also, here listed some common type of application of electronic data evidence.Chapter two, mainly described the legislation of electronic data evidence, listed the related legislation practice of some countries and international organizations, analyzed the current situation in China and pointed out the important meaning of legislation on electronic data evidence.Chapter Three, through the related cases on the three most common electronic data evidence type, e-contract, sms messages, and QQ conversation record, discovered the problems of the electronic evidence in trial practice, from the aspects of collection, conservation, credibility and probative power. To make the application of electronic data evidence legislated, scandalized baseline and definition methods must be decided.Chapter four, based on all the analysis above, gave reasonable suggestions from the view of legislation and civil trial practice. Based on the legislation experience from foreign countries, analyzed the methods of collecting and conserving the electronic data evidence, as well as the standards to assess the credibility and probative power.