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Civil Electronic Data Evidence System Research

Posted on:2018-10-09Degree:MasterType:Thesis
Country:ChinaCandidate:L HeFull Text:PDF
GTID:2336330515455230Subject:legal
Abstract/Summary:PDF Full Text Request
In the 2012 revision of<The civil procedure law>of our country provided in article sixty-three of a new species-the electronic data of evidence,which means that the theoretical circle about whether this kind of evidence independent of long-term at the legislative level to be sure.Electronic data is a kind of form for the development of modern science and technology of a new kind of evidence,for the definition of electronic data evidence opinions vary in academia,implemented in 2015<The supreme people's court about apply<the civil procedure law of the People's Republic of China the interpretation>of the electronic data is defined.At present our country legislation about civil electronic data evidence scattered in<contract law>,<The electronic signature law>,<The civil procedure law>,<The supreme people's court provisions about civil action evidence>,<law of the people v.explanation>,<to deal with security guidance of Internet electronic evidence notarization>etc.Legislation about civil electronic data,the form is diverse,the system also is not very complete,on the principle of civil electronic data evidence collection,evidence body and preservation methods lack of a clear system of norms,the problems such as civil electronic data evidence ability and strength did not form the evaluation standard,to determine the cause lack of maneuverability in practice.This article embarks from the national conditions of our country,according to our country civil electronic data evidence for the theory research and practical experience,trying to through the form of typical cases in judicial practice,the use of civil electronic data evidence problems,and put forward reasonable Suggestions to solve the above problems,and promote the civil electronic data evidence to further perfect the related system.
Keywords/Search Tags:Civil electronic data, Collection and preservation, Evidence of ability, Probative value
PDF Full Text Request
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