Study Of Civil Electronic Evidence

The electronic evidence is a new research issue of evidence law. There has been extensive disputes on the competency, probative force, connotation and extension of electronic evidence in the field of theory for long, it is also very confused on the application of it in the judicial practice. The electronic evidence has many characteristics that differ from other traditional evidence forms, so it should be given independent legal position in the civil evidence law. The article includes several parts as below:Part One, The position of electronic evidence. Why do we study the electronic evidence. What are the differences between the electronic evidence and other traditional evidence forms. The answers relate to the position of electronic evidence. The position of the electronic evidence is a fundamental issue in the research of electronic evidence, this part carried out special study on this issue. The author analyzed the advantages and disadvantages of the theory of audiovisual reference material, documentary evidence, material evidence, conclusion of expert, mixed evidence and independent evidence.Part Two, The difficulties and counterplans in the study of electronic evidence.Why did the theory and practice circles pay little attention to the study of electronic evidence .What are the difficulties and how to resolve them. At first, the author proceeded abstract analysis to various difficulties, argue that the people have not realized the importance of the research, the technical characters hindered the extensive research of electronic evidence, the relation of electronic evidence with audiovisual reference material is in disorder, shortage of systemic security in the application of electronic evidence are leading cruxes. Afterward, the author analyzed the concept and character of the electronic evidence etc.Part Three, The allocating of the burden of proof in proceedingrelate to electronic evidence. Whether there is speciality in the allocating of the burden of proof in proceeding relate to the electronic evidence. The author thinks that it is unfair to insist to the term of " who lay claim to, who offer as proof" in proceeding relate to the electronic evidence. Afterward, the author analyzed the allocating of the burden of proof in proceeding of contract dispute and tort dispute.Part Four, The"tendency and construction of legislation of the electronic evidence.What is the attitude in the draft of the civil evidence law on electronic evidence, how to construct it? The author indicated the advantages and disadvantages of four drafts. On the basis of above analysis, the author tentatively constructed the mode of legislation and the connotation and extension of electronic evidence. At last, the author analyzed the col lection and examination of electronic evidence, and suggested that scholars should pay more attention to practice when study the electronic evidence.