On The Strength Of The Evidence Of Civil Electronic

Along with the development of modern electronic technology, electronic evidence is submitted much more to the tribunal than before. The distinguishing features of electronic evidence not only bring a great challenge to traditional theory of evidence law ,but also new problems to the collection,preservation,examination and estimation of electronic evidence in judicial practice. At the present time, researchers put much more attention to admissibility of evidence but not demonstrability. There are contradictions between the principles of discretional evaluation of evidence in the traditional theory of evidence law and judicial practice that judges don't know electronic evidence at all, also, much misunderstanding of electronic evidence in our country. We can't ensure and improve the demonstrability of electronic evidence in our civil action. In this dissertation, the author, with reading of relevant monographs and dissertations seriously, references to international treaty and foreign legislation, support from theory of evidence law in our country, and combination theory with practice, analyze the concept and the distinguishing features of electronic evidence, and the challenge brought by evaluation of demonstrability of it to the traditional theory of evidence law.The author summarize the principles, contents and regulations of evaluation of demonstrability of electronic evidence, and make suggestions to how to ensure and improve the demonstrability of electronic evidence in the lay of system.This dissertation consists of four parts: introduction, main part, conclusion and reference. The main part contains five chapters, and research methods include legal philosophy, historical method and comparative jurisprudence. The following is only general introduction to its main part.Chapter1: General survey of civil electronic evidence. Covering the phraseology and the meaning of electronic evidence, ascertain the intension and extension of it , present the distinguishing features. At the same time, the author discusses the position of electronic evidence from the lay of law and theory after analyzing the different views of the status of electronic evidence. The author indicates her own opinion.Chapter2: The problems in the demonstrability arose by civil electronic evidence. One side, evaluation of electronic evidence's demonstrability should follow the principles of discretional evaluation of evidence, is that depends on judges'observation and experience. On the other side, practical situation is that many judges are strange to electronic evidence. A great challenge is brought to the evaluation of electronic evidence's demonstrability. In this part, the author disserts the problems of legislation and practice in our country.Chapter3: The principles and criterions of evaluation of civil electronic evidence's demonstrability. The author discusses the two principles of evaluation of civil electronic evidence's demonstrability separately: the principle of"nondiscrimination"and the principle of"discretional evaluation by judges should be emphasized, while reference to regulation should be supplementary". Covering foreign legislation and he theory of evidence law in our country, the author summarizes three criterions in evaluation of civil electronic evidence's demonstrability.Chapter4: The methods and regulations of evaluation of civil electronic evidence's demonstrability. The author discusses the regulations of evaluation of civil electronic evidence's demonstrability from three aspects: civil electronic evidence's reliability (degree), relevance (degree) and integrity. The dissertation also contains the particular regulation of evaluation of civil electronic evidence's demonstrability in four different circumstances.Chapter5: The suggestions to ensure demonstrability of civil electronic evidence. This part contains new notion. In author's opinion, we should do our best to ensure and improve the demonstrability of electronic evidence in the lay of system. Cyber-Notary Authority and the system of forensic evidence presentation are discussed mainly.