Study On Probative Force Of Electronic Evidence In Civil Procedure

All through China,Electronic evidence in civil procedure has quite popular application. Typical cases such as "the hengsheng company reputation infringement lawsuit wang hong case", and "six famous writers sued Beijing online violate copyright case", electronic evidence has played a key role in these cases. Among them,the point of "the hengsheng company reputation infringement lawsuit wang hong case" about electronic evidence law dispute is that wang hong online speech can be used as final evidence;"Such as six famous writers sued Beijing online violate copyright case" is about the effect problem of the release of copyright infringement network electronic evidence t;"Microsoft to violate copyright on which Beijing science and technology co JiTuanAn" is pirated compact discs with copyright infringement dispute, among them "electronic form" of tort mark and other related problems are causing the law heated debate. The typical cases appeared inadequate understanding in the judicial practice and legislation. Because of this, electronic evidence in the field of civil procedure has necessity and urgency.With the information age arriving, people are increasingly living in an information and digital society. Electronic evidence has brought many challenges to the traditional system of evidence. Electronic evidence should have a legal means of collecting, Electronic evidence has probative force in civil procedure?,It is better than documentary evidence or material evidence? these are becoming outstanding problems in the field of electronic evidence issues.The article is Proceeding from the general concept of electronic evidence, demonstrates electronic evidence and "computer evidence" or "evidence" of difference, and detailedly analysis of the differences between it and traditional evidence in order to build on the system construction of electronic evidence. And then study the probative force of electronic evidence in civil proceedings. I mainly analyses the issues related to electronic evidence of probative value, and finally form electronic evidence testifying power system of General and specific structure. Through this theory and demonstration, rule improvements electronic evidence would be useful, with a view to better on the formation of specific cases in the civil trial, analysis of electronic evidence, and use the evidence to discover the facts, truth, and we will safeguard the rights of the litigants in the case. At last we all long for achieving the law of Justice and fairness.