On Foreign Electronic Evidence

The Internet provided a new way to taking of evidence abroad. Lots of information are able to transmit from one country to another. Transmitting the letters of request is a traditional way to taking of evidence abroad, nowadays we can use the Internet to transmit the letters of request rapidly. Taking of evidence abroad by electronic ways resulted from the rapid growth of modern technology, and it has becoming an important topic in the field of International Private Law. Taking of evidence abroad by electronic ways caused a series of law issues, such as how is the effect of the evidence taking abroad by electronic ways, how to ensure the security of taking of evidence abroad by electronic ways, is it necessary to establish a convention about taking of evidence abroad by electronic ways.This paper introduces taking of evidence abroad by electronic ways firstly,explains its advantages such as is able to increase of efficiency of taking of evidence abroad, and show its importance in International civil legal action, discuss the challenge the taking of evidence abroad faced. Then through compared the different legal and practice in different countries to analyze several main issues of taking of evidence abroad, combined with Hague Evidence Convention.China has signed Hague Evidence Convention and many other bilateral judicial assistance protocols. However, the defect of the system of taking of evidence abroad by electronic still exists. We should perfect the joint of application of laws in domestic and abroad taking of evidence and improve the information technology evidence-taking system to solve the conflict of evidence-taking between China and other nations.