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Electronic Data Of The Original Problem Research

Posted on:2018-06-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y TianFull Text:PDF
GTID:2346330569486567Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Original evidence refers to the evidence of the original medium or the original carrier.With the emergence of new forms of electronic data evidence,the traditional concept of original with equal to the original medium in the judiciary has obstacle on the electronic data of the original judgment,also makes the generated when the electronic data on the best evidence rule.Evidence for carrier contains information about the case facts,evidence contained in the information is sufficient,the case facts that the judge decided for the fact that the more accurate,the evidence of the case facts determines the evidence on the value of information.Original evidence is of extremely important value in the proof,is that the information contains the complete case facts,in contrast,lack of evidence to copy its case fact information risk,so the evidence relative to the original copy is the best evidence.A form of electronic data as evidence,although the original obstacles,but theory and judicial practice is still the case facts are put forward for the information and attached information integrity requirements.Information integrity throughout the original evidence,electronic evidence theory of original data,the best evidence rule.Based on this,the original electronic data should be in the electronic data information integrity as a basis for the judgment,that is as long as meet the requirements of the electronic data information integrity and certified,present existing carrier can be regarded as the original copy of the electronic data.The information in the original electronic data integrity,refers to the electronic data of the original information of the case facts and the integrity of the attached information.Complete the case facts information is an important basis for the judicial proof,judge the evidence in the case facts of information extraction is a prerequisite for accurate to the facts.The attached information in the original electronic data though the relevance to the case itself is not relevent,but it as evidence of a specification,the actualreliability of the information to prove that the case facts,with the value of the litigation proof.Electronic data information integrity and information pertaining to the case facts that integrity as the electronic data of the original standard,can break the original judgment standard of original electronic data barriers,coordinate with best evidence rule applies electronic data,namely the electronic data to submit the original still as core rules,in particular to submit information integrity and certified electronic data as the core of the rules.
Keywords/Search Tags:Original electronic data, The original medium, Information integrity, The best evidence rule
PDF Full Text Request
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