Study On The Quotation Rules Of Electronic Evidence

The rapid development of computer network and communication technology is changing the modern human existence and way of life.Weibo,WeChat,live broadcast platform and other social networks and Alipay,Taobao and other applications have become inseparable from our lives,all kinds of office software and network forms for commercial exchanges already cover our work environment.The new concept of evidence,electronic evidence,is the research object of this paper.While enjoying the convenience and speed brought by network technology,we also face many inevitable risks.In addition to cyber crimes,disputes are inevitable in the process of using computer networks for civil and commercial activities.In recent years,online copyright disputes and online tort liability disputes have occurred from time to time,and contract disputes involving electronic evidence are also common.Since electronic evidence itself has different characteristics from traditional evidence,the applicable quotation rules should also be adjusted or even innovated accordingly.As a new type of evidence,electronic evidence should first be described in terms of its concept,main manifestations and characteristics.On the premise of having a basic understanding of electronic evidence,the quotation rules of electronic evidence are analyzed.The content of quotation of civil evidence mainly includes the ability of evidence and the power of evidence,the power of evidence mainly includes the authenticity,reliability and relevance,and the admissibility mainly includes the legitimacy.Unlike traditional evidence,electronic evidence is easily duplicated,and its original and duplicates are hard to distinguish.The traditional theory of original evidence has some obstacles to the application of electronic evidence.It is impossible to distinguish the duplicates of electronic evidence by naked eyes and common sense.Therefore,the authenticity judgment of electronic evidence is challenged and authentication of electronic evidence is gradually normalized.As a kind of evidence of virtual space,electronic evidence must satisfy both the relevance of content and carrier as the basis of decision.The former refers to the fact that the information content of electronic evidence is related to the facts of the case,while the latter refers to the fact that the five elements of virtual space are related to the real world parties or other litigation participants.As a kind of statutory evidence,the legitimacy of electronic evidence is not disputed,but the legitimacy of investigation,collection and preservation procedures should be concerned.For the proof power of electronic evidence,integrity is an important factor to measure whether electronic evidence has proof power.True reliability and relevance are the decisive factors to realize the qualitative leap of electronic evidence from "court admission qualification" to "decision-making basis qualification".