Study On The Legal Effect Of Electronic Evidence In Civil Action In China

Electronic evidence is a new research issue of evidence law. With the development of computer technology and application of computer in the 21st century, people are entering into an electronic and informational ages. While changing original the way we have existed in and severely impacting old social rules, the new electronic informational technique makes the new civil disputes more and more, which regard the electronic evidence as their characteristics. Therefore defining the legal effects of electronic evidence in civil lawsuit becomes the common problem between legal academic theories and judicial practice.The legal effects of electronic evidence primarily mean that whether electronic evidence has evidence effect, and the meanings of evidence effect. The legal effects of electronic evidence specially include the evidence position, admissibility of evidence and probative force. There has been many extensive disputes on connotation, extension, and legal position, qualification of evidence and probative force of electronic evidence in theory field of for a long time; it is also very confused on the application of it in the field of theory.The application of the electronic evidence in our current civil judicial practice primarily concludes it as audiovisual reference material or documentary evidence, but this method is only a temporary solution in the lack of legal provision. 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 reason that this article selects the legal effects of electronic evidence as research object is that electronic evidence is playing an important part as an independent evidence form along with the deep research on electronic evidence in the field of theory.This article totally includes four parts as below.Part one, the definition of electronic evidence. It is a basic problem to study electronic evidence that includes two aspects. One is concept of electronic evidence; another is legal characteristics of electronic evidence. Firstly, after using comparison method and drawing the intentional related and advanced legal experiences on...