Research On The Proof Of Electronic Data In China

With the rapid development of modern information technology,relates to cases involving electronic evidence are increasing,more and more the electronic evidence submitted to the court,the role of the electronic evidence in litigation are increasing.Not only has the general characteristics of evidence,as well as its unique characteristics,such as diversity,dependency,open characteristic,it is because of its huge impact of its unique features to the traditional evidence law,but also to the judicial practice of electronic evidence collection,preservation,audit judgment brought a lot of new problems.The existing research on electronic evidence,most of the research is concerned with the electronic ability of evidence,however,there is little research on probative force.At present,litigation evidence system about electronic evidence simple,scattered and conflict.Electronic evidence features such as diversity,openness and dependence lead it is difficult to identification of probative force.In addition,the imperfect in legislation,such as the lack of rule for the identification of electronic evidence,the relevant provisions in the judicial interpretation are not complete,etc.Problems in judicial practice,the judicial staff lack of high-tech information knowledge,and identification mechanism is not perfect,difficult to determine the actual operation of identity,etc.As well as the problems caused by electronic evidence characteristics,making the electronic evidence of probative force is low,which will affect the efficiency of litigation and the realizion of the purpose of litigation..This article is divided into four parts to study the probative force of electronic evidence :The first part mainly is combing the basic theory of probative force of electronic evidence.its meaning and evidence of force analysis of the connotation and characteristics of reliability and integrity.The second part is analysis of the present situation and existing problems of the electronic From the legislative,judicial,electronic evidence characteristics to prove the existence of the problem.The third part is the study of extrinsic electronic evidence probative force legislation,through to comparative the Anglo-American law system and continental law system,as well as the comparison of the two legal systems so as to improve its probative force to our country.The fourth part puts forward that improve the probative force of electronic evidence in our country,from its rules,preservation system,introducing expert auxiliary to improve the probative force of electronic evidence.