Research On The Identification Of Network Infringement In China

Network infringement is a product of the development of network technology,along with the development of electronic commerce,the number of Internet infringement cases increasing,resulting in network infringement cognizance is prominent,at the present stage of China's laws and regulations on internet infringement evidence is still in the blank stage,the lack of rules about network tort evidence and proof the.The rules identified in the evidence ability,the best evidence rule and hearsay evidence rule and the network infringement evidence exists and that it is in an irregular state;in the proof rules,although some regulations are regulations but there are two aspects of the legal level and the level of economic problems.In order to improve the rules of construction of our country network infringement,this paper introduces the typical cases,there is analysis of the current network infringement evidence and standard problems,combined with the advanced theory and practice of foreign network infringement cognizance,actively learn relevant regulations on foreign best evidence rule,hearsay rule and identification rules that rule,construction from the aspects of strengthening legislation,perfecting rules,training forensics team.Therefore,based on equality,comprehensive identification,identification of free recognition principle and the authenticity,relevance and legitimacy standard of network tort in China finds evidence to improve,making concrete analysis of network tort evidence rules should be how to achieve authenticity,relevance and legitimacy,to inspire the corresponding practice for rulemaking in order to improve the quality of legislation,China's overall evidence law,strengthen Chinese socialist legal system perfect.Strengthening the construction of evidence affirmation rules for network infringement is an important part of adapting to the requirements of the times and comprehensively promoting the strategy of governing the country by law.It is an important way to promote the legislative level and judicial practice in china.On the basis of the existing research,we need to further study,and increase the system construction of network infringement evidence identification,and enhance the ability and probative force of the evidence of network infringement.