Study On Notarization Of Network Evidence Preservation

The development of information network transmission technology,a profound influence on the social politics and economy life,network tentacles continue to extend to all aspects of social life,promote social lifestyle change,rich cyber source to social life bring great convenience to the public can meet their material and cultural life needs through the network.But the network is virtual,regardless of the network space and network identity,or network behavior,so along with the rapid development of network technology,network tort is the emergence of a large number,on the rights of human rights violations.In the face of the damage caused by network infringement,the obligee chooses judicial relief to safeguard its legitimate rights and interests.However,the virtuality of the network leads to the difficulty of the evidence collection by the obligee,and the network evidence can not be effectively fixed..Evidence preservation notarization is the effective way of fixing the evidence in the judicial practice,the parties to the proceedings,the evidence there may be lost or difficult to obtain evidence of the case,apply the notary organ preservation of evidence.Judging from the current cases involving network infringement,the preservation of evidence is mainly applied by the parties concerned,and the notary authorities take corresponding measures to preserve the evidence.But in the network situation,because the network has the hypothesized.Although the network content of its form of expression is still the text,images,video,sound,but are in fact the digital information needs to be stored or transmitted in modern science and technology or the corresponding equipment.There is evidence in the network of electronic data are now universal binary encoding,through the"0" and "1" combinations of form,professional personnel can be changed to the virtual information in certain technical conditions,although this change may use specialized equipment to compared with the traditional detection,but the evidence of this change is hidden,ordinary people can not perceive.Therefore,the network evidence should be different from the traditional evidence preservation notarization method and steps.This requires a higher level of knowledge and professional accomplishment of notaries.At the same time,the condition of the equipment needed for notarization is higher.From the current practice,cases involving Internet infringement,by the notary office of the network evidence preservationnotarization is preferred,but because of network evidence preservationnotarization is different from the traditional evidence preservation notarization,the notary organ resulting in network evidence preservationnotarization deficiency in judicial practice in this regard is also in dispute.Especially in the areas of notary jurisdiction,notarial book making and notarization procedures,the credibility of the public has begun to be questioned by the public.In order to clarify the current situation and problems of network evidence preservation notarization,the author randomly selected 100 network infringement cases from the Internet and collected and analyzed them.This paper tries to prove the main problems existing in the practice of network evidence preservation in the light of the ability of proof and the strength of evidence,and explores the reasons behind the problems.I think that network evidence preservationnotarization reach and develop its function should start from the network evidence preservation notarization,the notary industry,court three,gradually improve the network evidence preservation notarization system,strengthen the self construction of the notary industry,unified judge judicial judgment.