The Study Of The Notarization Of Electronic Data Preservation And Its Verification In China

The notarization of electronic data preservation is to preserve the electronic data by notarization,which is of great significance both in notarization and evidence.This is also the origin of this article's theme,at the same time,the foundation and core of what we discussed.This thesis reviewed the history of the electronic data and evidence notarization,through which to sketch the general routine of the notarization of electronic data preservation,setting this context,discuss and rethink the evidence of electronic data.That is,as a new kind of evidence,whether there is any material difference between electronic data and traditional evidence,whether it can be settled by notarization.This thesis focus on the issues by introducing,analyzing and solving,which follows the basic research path,aimed at thinking and analyzing deeply to the notarization of electronic data preservation.This thesis has bibliography and four chapters.Introduction.With the Internet and smartphone spreading all around the world,which led to the electronic data use widely in litigation,meanwhile,the notarization of evidence preservation caught up the quick train of development.Simultaneously,the standard of the electronic data's verification and application have great difference both in theory and practice.The notarization and evidence were inconsistent in this area.Chapter 1 general statement to the history of the electronic data and notarization of evidence.Subchapter 1 have a clear review to electronic data and electronic data evidence.Subchapter 2 account on the notarization of evidence to find the historical origin of the problem.Chapter 2 review the efectronic data notarization system and theory.From electronic data and notarization,this chapter summarize the theme and direction of this field,namely identify the authenticity by the notarization procedure and techniques,while there is no substantive progress in the evidence verification.Chapter 3 illuminate the present situation.Subchapter 1 analysis the services of notarization though the data,the services of notarization in electronic data develop quickly.Subchapter 2 exhibit the legislative situation in notarization and civil evidence.Then,Subchapter 3 summarize the challenges which the notarization in electronic data faced,mainly in self-limitations,lack of legal authority in verification and application,contest coming from the court's preservation and electronic data identification,the concussion of E-court.Chapter 4 d:iscuss the verification of the electronic data preservation notarization.Subchapter 1 discuss the content and scope of the verification to divide the evidence and the fact.Subchapter 2 analysis the logical structure of the verification.The verification of the electronic data notarization is what subchapter 3 discussed,particularly in the relevance.Chapter 5 back to reality,analysis the electronic data notarization's application in judicial,taking the civil cases of intellectual property as an example.Subchapter 1 illustrate the application situation of electronic data and notarization through the representative intellectual property cases data from national and parts of the local Then introduces the evidence verification and its general rules in the intellectual property civil cases especially.Finally sums up some points that is worth of paying attention to,such as,the legislation and classification of the electronic data evidence,how to apply the defective notarial electronic data.What the innovation of this article is to analysis the electronic data from notarization and evidence comprehensively through the method of empirical analysis,elaborate the electronic data and its notarization's verification and application based on the reality,shuttle back and forth between them,to construct bridges where the notarization evidence and fact-finding linked,finally restate the verification of electronic data's key point--relevance.