Research On Identifying Associated Body Legal Liability Of Digital Evidence In China

In recent years,such as Xu Yuyu case,Wei Zexi Event,Kuaibo case caused widespread concern.Network infringement and other civil disputes and criminal problems become more serious.The conviction and sentencing mainly depends on the discovery and proof of electronic evidence.However,the network cannot be divided into various fields as same as physical space.For the traditional judicial investigation proceedings,it is difficult to obtain information on the first-hand digital evidence involved in such a completely different space.This will lead to the law cannot be found in the suspects involved in the circumstances of the crime and will affect the stable development of society.Therefore,we can proceed from the source of information associated with digital evidence,and then clear the "owner" and "manager" of electronic evidence.Dominated information provider and associated body(such as appraisers and notaries)are cleared.Only if legal obligation of these associated body are cleared,and legal liabilities are identified should be prevented the raise of the crime criminal rate.There are certainly achievements with legal liability of the associated body of digital evidence in legislation and academic research home and abroad.However,international research point is confined to the network service provider,and the right,obligation and liability are not distinct clearly.Meanwhile,liability principles and rules are not identified in domestic.But domestic legislation focuses on the application of specific rules.In addition,there is not general classification of associated body.There is not co-ordination among various departmental laws.The legislation is short of legal principles,and solves practical problems inflexibly.From the achievement of digital evidence and theoretical research in home and board,this paper is based on legislation research of digital evidence associated body in domestic.Thereby,legal liability identification system of digital evidence associated body is constructed.The legal liability system contains three aspects.Firstly,the bodys are classified.Secondly,right,obligation and liability are improved.Legal liability principles and rules are unified.The legal liability system is based on the classification of body.The legal obligation and liability are content of the system.The legal system is on the basis of the legal principles and rules.The system is aimed at identifying the legal liability of digital evidence associated body on the basis of the legal system.