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The Electronic Evidence In Civil Litigation

Posted on:2017-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:M Q ShanFull Text:PDF
GTID:2336330512964497Subject:Law
Abstract/Summary:PDF Full Text Request
The big three procedural law in 2012 almost at the same time make the modification of evidence types:with a new types of evidence, electronic data, by 2015 (the civil procedure law of the People's Republic of China) on the apply of interpretation, in the form of incomplete list in the electronic data expressed as "via email, electronic data interchange, online chat, blog, twitter, text messaging on mobile phones, electronic signature, domain name etc. The information in the form or stored in the electronic media", the electronic evidence was gradually established as an independent statutory evidence type into People's Daily life.But look from the effect of judicial practice in recent years, due to the particularity of electronic evidence, rules no longer apply traditional evidence, electronic evidence is promoted the "Internet+" in the era of "big data" to play its due effect.To solve these problems, the author through search keywords, case analysis of typical cases, points out that the root of the problem is that the development of the electronic evidence this emerging things and laws and regulations lag, the contradiction between the finiteness.In view of the existing in the judicial practice of authenticity discrimination has no uniform standard, in the form of the non-standard, notarization and identification technology problems such as uneven theoretical solution measures are put forward, namely people in urgent need of a set of advanced technology, for security, experts as the auxiliary, and for the generation of electronic evidence, transfer, save, and show the whole process strict censorship control rules of electronic evidence.In addition, the author from the perspective of Internet users in the social investigation, through the analysis of the survey, the author points out that, in addition to the objectivity of policy rules, subjective aspect also need people to electronic evidence for us to have enough knowledge and involved in the daily life to pay highly attention of electronic data.In addition to the franco-prussian propaganda official, people must strengthen their consciousness, completes the important information data capture and storage, know in civil disputes occurred should be how to make the court focused on electronic evidence submitted by you.In addition, we also need to take the view Angle of development, with open and inclusive mind, keep learning and absorb the new high-tech products, to provide convenience for our information age at the same time, better serve our future.Three big procedural law in 2012 almost at the same time make the modification of evidence types:with a new types of evidence, electronic data, by 2015 (the civil procedure law of the People's Republic of China) on the apply of interpretation, in the form of incomplete list in the electronic data expressed as "via email, electronic data interchange, online chat, blog, twitter, text messaging on mobile phones, electronic signature, domain name etc. The information in the form or stored in the electronic media", the electronic evidence was gradually established as an independent statutory evidence type into People's Daily life.But look from the effect of judicial practice in recent years, due to the particularity of electronic evidence, rules no longer apply traditional evidence, electronic evidence is promoted the "Internet+" in the era of "big data" to play its due effect.To solve these problems, the author through search keywords, case analysis of typical cases, points out that the root of the problem is that the development of the electronic evidence this emerging things and laws and regulations lag, the contradiction between the finiteness.In view of the existing in the judicial practice of authenticity discrimination has no uniform standard, in the form of the non-standard, notarization and identification technology problems such as uneven theoretical solution measures are put forward, namely people in urgent need of a set of advanced technology, for security, experts as the auxiliary, and for the generation of electronic evidence, transfer, save, and show the whole process strict censorship control rules of electronic evidence.In addition, the author from the perspective of Internet users in the social investigation, through the analysis of the survey, the author points out that, in addition to the objectivity of policy rules, subjective aspect also need people to electronic evidence for us to have enough knowledge and involved in the daily life to pay highly attention of electronic data.In addition to the franco-prussian propaganda official, people must strengthen their consciousness, completes the important information data capture and storage, know in civil disputes occurred should be how to make the court focused on electronic evidence submitted by you.In addition, we also need to take the view Angle of development, with open and inclusive mind, keep learning and absorb the new high-tech products, to provide convenience for our information age at the same time, better serve our future.
Keywords/Search Tags:electronic evidence, Civil litigation, Rules of evidence
PDF Full Text Request
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