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E-mail Application In Civil And Commercial Litigation Evidence And Discussion

Posted on:2012-06-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z H GaoFull Text:PDF
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With the ever-changing of science and technology, information technology hit deeply all sides of social life, politics, economics, law and life of people all over the world are increasing, Email evidence which especially involves in cases of civil and commercial occurs in the field of justice.Email evidence is an inevitable problem that is reflected to the lawsuit evidence with modern development in science and technology. Today, email evidence has played a very important role in procedure, especially, in proof. How to establish and use email evidence to settle those problems in real life has became the hot and thorny issue in the circle of legal theory and the circle of legal practice.In the field of studying evidence, the traditional evidence concept has received the enormous impact of electronic information. Though in the nowadays judicial practice, electronic evidence has been already playing a more and more important role, but we still lack the effective legal structure to the email evidence, relevant legislation are deficient and lag behind. The application of the email evidence in the practice of lawsuit of our country, mainly infer it as the documented evidence or audiovisual material at present. But this is only a kind of alternative in lack the law and express regulation cases, it is not a basic way to solve the problem.Electronic evidence effect has been acknowledged in modem countries ruled by law. The study on electronic evidence has recently began with this newly emerging thing, but it is very slow and superficial. So it is the time to solve such question as confirmation, adoption of electronic evidence. In the civil and commercial cases, email is the most frequently things used by parties, so it is very necessary to discuss and analysis the evidence belongings, evidence capability, evidence power of the email evidence, so as to remedy the law’s weakness and keep up with the step of social development.The electronic evidence distinguishes itself greatly from traditional ones, which has the character of accuracy, dependence, fragility etc. Email is different with other electronic evidence; due to it is made in different way, and with its character of technical and timeliness. Email, as a kind of electronic evidence has quality of objectivity, relevance and legality. It is necessary that a perfect system based on relevant procedure as to the rules of email evidence. At first, the basic principles of email evidence should be established, Then, we should focus on the idiographic rules and the things that should be noticed in obtaining, fixing, conserving, examining, adopting email evidence, and so on.There is no legislation about electronic evidence in our country. We must pay our attention to the experience about electronic evidence in many countries, analyze he legislative of electronic evidence in China based on the related rules, and then puts forward to suggestions about the legislative principle, legislative model and legislative contents of email evidence.
Keywords/Search Tags:email evidence, evidence regulation, ability of evidence, power of evidence
PDF Full Text Request
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