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Exploration Of The Electronic Evidence System For Proof Citation

Posted on:2015-05-10Degree:MasterType:Thesis
Country:ChinaCandidate:S GaoFull Text:PDF
GTID:2296330431498235Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In1946, the world’s first computer was born at the University ofPennsylvania. In the next few decades, electronic technology rapidly developedeverywhere. More and more people enjoy the technology brings convenienceand fast brought in by the technology. More and more activities of electronics,computer and network-based electronic data play an increasingly important rolein the process to prove facts of the case, which caused a new dispute form, asnew evidence----Electronic Data evidence. There are some countries abroadleading electronic data to litigation with the relevant legal provisions, somecountries already have their own set of rules of evidence in electronic datasystems. Evidence relating to electronic data in civil areas of research startedlately. Electronic data has not been a clear evidence in giving legal status untilthe latest revision of the "People’s Republic of China Civil Procedure Law"declared electronic data clearly as documentary evidence, evidence and othersort of evidence, but the definition of electronic data evidence theory is notuniform. There are still some divergences in the legal status of electronic dataand the specific use of evidence in civil practice. This paper is committed tostudying the rules of electronic data evidence, starting from the basic conceptof electronic data, the reasonable definition of electronic data, further researchevidence particularity of electronic data, and electronic data from the analysisof the impact of electronic data evidence particularity of proof rules. In order tomake a modest contribution to the improvement of the civil litigation evidencesystem, this paper is trying to do some research on electronic evidence ofexisting legislative provisions, summarizing shortcomings and deficiencies, andmaking reasonable rules of evidence, analyzing about the inversion ofpresenting evidence.
Keywords/Search Tags:Electronic data, Evidence, Party, Rules of evidence
PDF Full Text Request
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