On The Electronic Evidence Reservation

With development of network information technology, electronic evidence becomes gradually an indispensable component of evidence system in this country. To a great extent, electronic evidence which has participated in many of civil disputes and civil lawsuits is the main basis for different kinds of judicatory determination. As a result, more and more studies of electronic evidence are scrutinized by scholars in civil procedure field. Meanwhile, since the capability of collecting electronic evidence is limited, the parties have to give up the relief of litigation, since the party directly obtains electronic evidence difficultly. Therefore, it is significant of research on the preservation of electronic evidence, which could actually play an important role in future judicial procedure and increase the authenticity and certification of evidence.This paper is divided into the following five parts.Part one: with introducing the concept of electronic evidence, this part discusses the main characteristics of electronic evidence preservation by which reading electronic evidence preservation value connotation.Part two: as is the basic principle of electronic evidence preservation, it is constituted by the timeliness principle, legitimacy principle, technical principle and overall principle. Among them, timeliness principle reflects the evidence preservation system intrinsic value, legitimacy principle is maintain electronic evidence the important dependence, technical principle is the inevitable requirement of special form, overall principle program specification provides much more stringent standards.Part three, to introduce the international about electronic evidence preservation, in this part, it is analyzed which is the relevant legislation overview the UN, Canada, Germany and other countries and regions to deal with electronic evidence preservation in a comparison way. Accordingly, different legislation survey of international are discussed.Part four, it is investigated which is the present situation of electronic evidence preservation. As two of the main preservation subject, the court and notary organ make a real contribution of electronic evidence preservation. Meanwhile, third-party electronic evidence preservation system is proposed as a new electronic evidence preservation way. Part five, mainly analyses the electronic evidence preservation in the current conditions facing process the reality challenge for electronic evidence extraction, the authenticity of judgment, electronic evidence fixed overall requirements and preserved electronic evidence in litigation shall be refined probative, expounds the problems existing electronic requirements and institutional standard from two aspects corresponding measure are put forward, in order to realize electronic evidence preservation function and value.Compared with traditional evidence, electronic evidence is extremely easy to be destroyed and could not exist without electronic equipment. In brief, the feature of electronic evidence is the main factors that we need to start a special field which is about electronic evidence study. In addition, because of the demands in the process of electronic evidence conserving, it is necessary of constructing a scientific and effective electronic evidence conserving system.