Research On Electronic Evidences

With development of science and technology,electronic technology matures and electronic evidences come into being. As computers and network get popular, electronic evidences get ubiquitous. Along with fast developing economy in China, there will be litigations regarding network intellectual property, digital contracts, network-related privacy, computer crimes, thus electronic evidences become more and more important.Through the thesis,the auther makes a analysis of the basic ponits of electronic evidences for making Electronic Evidences Law. Those basic points are the definition and legal status of the electronic evidences,the pattern for the legislation of electronic evidences,the adimissbility of electronic evidences, electronic evidences' probative force. Through these analysis, the auther gives the proposals for the legislations of electronic evidences.The thesis is divided into three chapters.Chapter one: outline of electronic evidences.The chapter introduces two different kinds of definition of electronic evidences and the legal status of the electronic evidences. Then the auther examines the status quo of the legislations of electronic evidences and gives the proposals for the legislations of electronic evidences on the basis of it. Finally, the auther selects two representative cases through thousands of cases.And it raises the more important issue through selecting in many issues we face in two cases.Chapter two:outline of the adimissbility of evidences. The chapter analyzes the theory of the adimissbility of evidences and introduces some related evidences rules in common law and civil law.Chapter three: analyzing electronic evidences base on adimissbility of evidences. This chapter is the key part in the thesis.The chapter introduces the impact of the rules of the adimissbility of evidences home and abroad to the adimissbility of electronic evidences.And,the auther presents the proposal for the legislations of the adimissbility system of electronic evidences. In detail, firstly,establishing Relevant Evidence Rlue as the basic rule.Then, learning something benifit from some related evidences rules in common law and civil law for the reasonable adimissbility system of electronic evidences.And,regulating the existing evidences rules in China reasonably for the reasonable adimissbility system of electronic evidences.Finally, on the basis of those step, the auther establishes the reasonable adimissbility system of electronic evidences in detail.