Study On Legal System Of Electronic Evidence In View Of The Civil Procedure Law

With social progress and scientific development, mankind has entered the period of information technology and networking. For the legal, new technologies will bring new legal issues. As a product of the combination of law and technology, the electronic evidence duly appeared in public. At present, United States led by some of the information technologies in developed countries has built a sophisticated electronic evidence legal system. Comparatively speaking, while the Chinese legislation and judicial interpretation has electronic evidence related to the content, there are still plenty of problems, such as the confusion of electronic evidence type ownership, the difficulty of evidence obtained and collection and the lack of the rules of evidence. In order to solve these problems, the author searched a large number of foreign laws, combined the legislative and judicial situation in China, made the electronic evidence legislation proposed, wanted to contribute to the improvement of the legal system of electronic evidence.This paper is divided into four chapters as follows:The first part of this paper mainly involves the basic theory of electronic evidence such as concepts of electronic evidence, manifestations, characteristics and legal status. This part solved the key problem of what evidence should be classified as a type of electronic evidence, made a recommendations that electronic evidence should be considered as a separate type of evidence.The second part is about the research of the legislation of electronic evidence aboard. In this part, the author analyzes the forms of electronic evidence in evidence legislation worldwide and introduces systematically foreign legislations regarding electronic evidence, reference to the legislative choice of role.The third part is under the view of the civil procedure law in China, electronic evidence's specific problems in the application. This chapter is based on the application of electronic evidence in judicial practice necessary part of the process. First is a collection of electronic evidence, the author described electronic evidence's principle, detail, procedures, and methods, and pointed out that the current problems encountered in the gathering of electronic evidence. Followed by the producing and the examination of electronic evidence. On the producing of electronic evidence, focusing on the principles and practices. On the examination of electronic evidence, mainly faced by the technical problems. For this, the author proposed'Secondary expert witness system'. The last is the recognition of electronic evidence. The author produced three ways about the recognition of electronic evidence, content and standards. This is also major discussed in this chapter. The author analyzed the authenticity, legality, relevance of electronic evidence. In addition, the author pointed out the legal difficulties because of the lack of the rules of evidence.The fourth part is our countries'perfection about the application of electronic evidence in civil proceedings. This is the core of the full text. By summarizing the current situation of the electronic evidence legal system, pointed out the specification for electronic evidence's disadvantages. In addition, the author proposed solutions for problems in judicial practice in China which the electronic evidence faced. The methods are perfecting theory of electronic evidence original and preservation system. The author wants this article is able to help the future of legal practice, this is also the purpose of this paper.