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Admissibility Rules Of Electronic Evidence In Civil Suit

Posted on:2017-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:B B LiFull Text:PDF
GTID:2336330512451312Subject:legal
Abstract/Summary:PDF Full Text Request
The continuous development of contemporary science and technology makes electronic evidence is closely related to our life,so we become more and more cannot ignore the role of it.Electronic evidence in comparison with the traditional evidence,both in common,also has the difference,its role in the litigation activities become more and more important.However,the legislation on electronic evidence in our country are far couldn’t keep up with the pace of The Times.About electronic evidence related research therefore becomes imminent.Electronic evidence as one of my national defense law eight kinds of evidence,its under what circumstances can be use as evidence in the lawsuit activity,its admissibility is need to the topic of discussion.This article USES comparative analysis,literature analysis,in view of the electronic evidence the admissibility of the standard to be met,the in-depth and detailed in this paper.The full text is divided into four parts altogether。First,this paper introduces the connotation of the electronic evidence and admissibility.Compared with both at home and abroad,briefly clear electronic evidence admissibility of the differences in standards and in common,as the design is suitable for simple rules in China.Secondly,the paper analyzes the current legislation situation,with three standards as the starting point of admissibility,from various angles analysis made clear in the deficiency in our country,thus let’s thinking,then explain our country in the legislation on electronic evidence admissibility with perfect necessity and urgency.Again,this article through to the United States,Britain,Canada,the Philippines on electronic evidence admissibility in these countries is introduced and analyzed.For the relevant systems in these countries finally has carried on the comprehensive evaluation,summed up the several countries some characteristics of admissibility in each aspect,the perfection of the rules in China for the next step with a good consideration.Finally,combining the reality of our country,authenticity,legitimacy of electronic evidence,relevance implemented three direction,looking for matching a series of rules,also combined with our country in this field has been mentioned to some of the rules,so as to realize the improvement of the admissibility rules of electronic evidence in China.The author thinks that,about electronic evidence admissibility is a complicated problem,treat its legislative work,we are going to from the viewpoints of its true,lawful,associated to develop reasonably,refining to every aspect as far as possible,let the judge on specific identification,can have very good guidance standard,legal.Only in this way,can deal with the complicated electronic evidence in judicial practice.
Keywords/Search Tags:electronic evidence, admissibility rules, validity, authenticity
PDF Full Text Request
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