Study On Ralated Issues Of Electronic Evidence In Civil Procedure Law

Now the development of science and technology change rapidly.and the rate of development beyond imagination. Along with the further development of electronic evidence in judicial practice by legislation, obviously can not keep up with the pace of the practice, also cannot meet the needs of. In comparison, our country about the legislation of electronic evidence behind western countries,although in recent years. scholars and legislators do a lot of effort, but in general, is still not perfect, there are many different views. In our country, for the electronic evidence for the existence of connotation understanding are not a situation; in the parties and their lawyers to collect electronic evidence is fixed.guiding role in actual legal provisions lack; testimony, link and certification rules also exists many imperfect places. In order to solve these problems, the author compares the foreign related provisions, combined with our country’s legislative and judicial status, put forward a proposal on the legislation of electronic evidence, the electronic evidence in judicial practice are analyzed, in order to contribute to the improvement of China’s electronic evidence legal system.The article is divided into four parts:The first part is the overview of electronic evidence, involves several basic problems of electronic evidence. Mainly introduces the concept, the characteristics of electronic evidence and common about the classification of electronic evidence, and on this basis, the provisions of the legal evidence type combined with the new "Civil Procedure Law", aiming at the possible about electronic evidence and audio-visual material is unclear to explore issues, put forward the argument that we should redefine the audio-visual the information content.The second part is the collection and preservation of electronic evidence in our civil procedure law perspective. Mainly divided into two parts:the first is the collection of electronic evidence, the two aspects of general principles and specific operating methods to collect is described, then points out two problem sat present in our country electronic evidence collection process should pay attention to, namely privacy protection and electronic evidence collection scope;the second is the electronic evidence preservation, it belongs to the collection continues, the author mainly elaborated on the application of electronic evidence preservation notarization wide.The third part is analyzed according to the electronic evidence necessary in the proof of the link. The first is the electronic evidence in evidence, electronic evidence proof, two problems are closely related to the evidence and electronic evidence, electronic evidence of "original" and "copy" determination and the burden of proof is analyzed; secondly, in the aspect of credit quality of electronic evidence, according to the characteristics of high-tech, electronic evidence invisible, to ensure quality certificate link smoothly, the author put forward "the expert assistant system" and multimedia demonstration proposals; Finally, analysis of the contents of electronic evidence authentication.The fourth part is about the legislation of electronic evidence, this is the end result and ultimately to solve the problem. First is the foreign electronic evidence legislation research, mainly is the comparative study of the major countries of Anglo American law system and continental law system from the macro and micro point of view, the reference function to our country the following legislation mode selection. The summary of the current electronic evidence legislation present situation, pointed out the problems of electronic evidence standard, and on this basis, put forward a proposal on the electronic evidence legislation in our country, this is also the purpose of writing this article.