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The Study Of Electronic Evidence Related Issue

Posted on:2016-09-30Degree:MasterType:Thesis
Country:ChinaCandidate:X J LiFull Text:PDF
GTID:2346330533951272Subject:Law
Abstract/Summary:PDF Full Text Request
At present,few countries in the world the electronic evidence as an independent lawsuit evidence,the Anglo-American law system countries are mainly based on hearsay rules and the best processing when the electronic evidence and other evidence to form a chain of evidence,can be adopted by the court.In recent years,the legislation on electronic evidence in the field of civil litigation in our country,the judicial cognizance,etc.Have also made great progress.Such as: in 2012,the new change of the criminal procedure law of the People’s Republic of China,the civil procedure law of the People’s Republic of China to the electronic data as evidence of a single species to be clear.In 2015 the supreme people’s court has issued \ "about apply\" the civil procedure law of the People’s Republic of China > the interpretation of article one hundred and sixteen and the specific types of electronic data evidence scope shall be the explanation.At this point,electronic evidence as an independent form of evidence in our country has been formally established.However,electronic evidence in the field of litigation is,after all,is a kind of new form of evidence,judicial practice how to electronic evidence,electronic evidence obtained cross-examination and certification and so on are not unified stage.Combined with the electronic evidence relies on science and technology and equipment,it has larger replication,vulnerable to external factors such as been tampered with,and wiped out.Therefore,the electronic evidence forensics,preserve evidence,proof,cross-examination,and finally the judicial authentication of judicial person put forward higher requirements.Are proposed in this paper from four aspects of electronic evidence comprehensively reviewed.The first part of the article: will be integrated to the existing system of electronic evidence,this paper compared with the domestic and foreign electronic evidence system,comprehensive expounds the current status of electronic evidence system in countries.Article in the second part,namely in the existing law under the premise of electronic evidence,this paper discusses the electronic evidence collection.The author mainly XingSu litigation Angle is the specific collection of electronic evidence,emphatically discusses the electronic evidence receipt of legitimacy and accuracy,this paper puts forward problems and the technique of electronic evidence collection.The article third part,the author discusses the electronic evidence preservation.Because of the electronic evidence mainly depends on the storage,transmission,running media such as computer,it is also vulnerable to human tampering with or even deleted without being noticed.For electronic evidence preservation in litigation demand higher compared with other evidence.The article fourth part,the author emphatically discusses the judicial process of electronic evidence in the cognizance of the workability and strength,this paper from the Angle of methodology,elaborates on the various elements of the electronic evidence to accept the to do guidance of legal person,And points out the problems that should be paid attention to.
Keywords/Search Tags:Electronic evidence, Collecting, Security, Ertification
PDF Full Text Request
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