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Electronic Data’s Competence Of Evidence In Civil Procedure

Posted on:2018-11-15Degree:MasterType:Thesis
Country:ChinaCandidate:J W WuFull Text:PDF
GTID:2346330521450201Subject:legal
Abstract/Summary:PDF Full Text Request
The development of modern science and technology has influenced the theory and practice of law,and the development of new science and technology has brought about new kinds of evidence,the object of proof,the techniques and methods of collecting and examination of evidence.This new type of electronic data evidence is produced under such background,at present,the electronic data exists room for improvement in the judicial practice and legislation,Chinese law simply provides the court should focus on Authenticity(also called objective),these three properties also include relevance and legitimacy to review the evidence ability of electronic data judgment,but these three properties of electronic data should start from what has become an urgent problem to be solved,so the study of electronic data evidence’s ability has possess the practical significance and theoretical value.In this paper,we will study the problem of the electronic data evidence ability through four parts.The first part is the statement of the case and find the problems,this part takes the typical case as the angle of view,pointed out in a trial of electronic data as evidence of the use of not only exists in the e-commerce dispute cases,is already integrated into a variety of economic dispute cases.Through the case,we can see that the objectivity,relevance and legitimacy of the electronic data is the evidence of the ability of the standard.The second part is the objectivity of electronic data,this part starts from the basic principle of objectivity,aiming at the particularity of electronic data,the subject,from the collection of evidence sources and collection methods to be discussed on its objectivity,and the application of the best evidence rule principle,the judge asked the objectivity of electronic data from original and copy angle.The third part is the relevance of electronic data,this part starts from the concept of relevance,aiming at the particularity of the electronic data,from the time of formation,data integrity and other aspects to be identified on the relevance of evidence,and the application of indirect evidence rule principle,discusses the electronic data as indirect evidence when using the association the judge asked.The fourth part is the legitimacy of electronic data,this part starts from the basic requirements of legitimacy,aiming at the particularity of the electronic data,from the evidence collection form,method and process and other aspects of its legitimacy to be discussed,and the application of exclusionary rule principle,combined with the existing laws and regulations of our country,for its legitimacy review of judgment.
Keywords/Search Tags:electronic data, evidence ability, objectivity, relevance, legitimacy
PDF Full Text Request
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