Study On Judgment Of Electronic Screening Evidence In Civil Procedure

Since the addition of electronic evidence into the civil procedure law,electronic screen-shots with its low cost and easy to obtain evidence as a common evidence in civil proceedings.However,due to China's legislation of electronic evidence in our country started late and relatively rough,the experience of trial practice is not enough,resulting in electronic evidence in civil proceedings can not fully play the role of evidence.This paper discusses the application of electronic screen-shots in civil proceedings.The first part of this article discusses the relationship between electronic screen-shots and electronic data.First,the electronic screen-shots is defined as digital two-dimensional images obtained by screen technology,and it is widely used,contains less information,complete records of limited and not robust;second,electronic evidence is understandable information formed by the generation,transmission,or conversion of electrical signals;third,electronic data is original evidence and electronic screen is derivative.The second part summarizes and analyzes the application situation of electronic screen-shots in civil litigation.First,combined with the specific case of electronic screen-shots evidence is divided into four categories,namely electronic chat screen-shots,screen-shots of electronic office system,web page screen-shots and computer software screen-shots.Analyzing the key points of each type of electronic screenshots.Second,summarizes the problems and causes of electronic screenshots in civil litigation.As the development of forensic and detection technology is not in place,the lack of legislation on electronic evidence,the lack of knowledge and experience of the judges,so that it is difficult to judge the electronic screen-shots evidence,and ultimately make it difficult to play a full role in litigation.The third part puts forward the countermeasures of electronic screen-shots examination and judgment in civil litigation.First,construction of electronic screen-shots evidence of the ability standard of review.Suggestions on the review of the authenticity,legitimacy and relevance of electronic screen-shots.Second,suggestions on judging the power of electronic screen-shots.Based on the evidence reinforcement rules and the probative force of non-original evidence is limited to analysis the effectiveness of the electronic screen.Third,put forward some suggestions about the rules of burden of proof with electronic screen-shots.