Research On Electronic Evidence In Civil Litigation In China

With the development of electronic information technology, computer and some new electronic equipment has become an essential part in our normal work and life.The electronic evidence is a kind of new form of evidence which is produced by the modern equipment. Its appearance has had a certain impact on the traditional evidence system and caused a lot of disputes. In some cases, electronic evidence is the most important and crucial evidence. At present, the electronic evidence as a new evidence in the public has formed a vague awareness, but lack of a unified concept in a specific action, the relevant legislation of electronic evidence cannot meet the needs of judicial practice? Therefore, it is necessary to conduct research and legislation on electronic evidence. Based on the reference of domestic and foreign scholars' research results of the electronic evidence, try to propose some personal idea of legislative status and judicial status for electronic evidence, the reflects of electronic evidence, the authenticity of related issues are described and methods on how to ensure the authenticity.The first chapter mainly expounds the connotation of electronic evidence,explain what is the electronic evidence and the arguments of electronic evidence on the legal status in theory, to lay the foundation for the study of the relevant issues of electronic evidence.The second chapter mainly analyzes China's legislation of electronic evidence and the development, introduces the electronic evidence legislation in mainland China , then on the basis of the shortcomings of our country's electronic evidence legislation made a brief analysis.The third chapter makes a brief summary and analysis of the present situation and existing problems of electronic evidence in our country's judicial practice.Based on the above analysis, the last part puts forward some suggestions on how to improve the electronic evidence system in legislation, how to ensure the strength of electronic evidence and how to guarantee the authenticity of electronic evidence through some cases.