Research On The Rules Of Recognition Of Electronic Evidence In The Civil Trial Of Intellectual Property Rights

In the era of information network,electronic evidence has become the main basis for safeguarding rights and resolving disputes.In judicial practice,more and more electronic evidence has become an important basis for revealing the facts of cases.To this end,the three procedural laws of our country all regard electronic evidence as independent evidence category successively,at the same time to its proof rule to give the concrete stipulation at the same time.With the development of Internet commerce and electronic technology,the traditional intellectual property system is changing,and the electronic evidence is widely used in the intellectual property field.Electronic evidence in this highly professional and technical field,the application of electronic evidence has particularity,our country through the specific law and related judicial interpretation to regulate this particularity.At the same time,the academic circles also continue to explore the electronic evidence related theory.To study the identification rules of electronic evidence in the civil trial of intellectual property rights,first of all,it is necessary to know the electronic evidence correctly.Compared with traditional evidence,electronic evidence has the characteristics of invisibility,systematical and objectivity,and its external expression forms are gradually diversified.The electronic evidence in the civil trial of intellectual property right has its unique special performance,which brings great challenge to the court to examine such electronic evidence,and it is urgent to study it carefully and rationally.Based on the legitimacy,authenticity and relevance of evidence rules,this paper discusses the rules of electronic evidence identification.Through the related analysis,this paper proposes to solve the following aspects: first,perfect the electronic evidence identificationrules from the legal level,focusing on the establishment of practical and feasible standards of authenticity examination;Second,strengthen the legal regulation of the preservation of electronic evidence of notarization,standardize the healthy and orderly development of notarization system from the judicial level,and promote the effective connection between the court and notary institutions in the aspects of evidence extraction and identification;Third,we should gradually strengthen the long-term construction of the electronic evidence platform to ensure the development of the standardization and legitimacy of these platforms.