Electronic Evidence In Civil Proceedings In The Use Of Research

With application and popularity of my country' s information tecnology, kinds of disputes are increasing for problems of electronic evidence, so electronic evidence is collected and examined in civil litigation. Investigation suppose that giving evidence responsibility etc apllication problems attract attention of law system. But evidence system of my country' s current civil litigation with regulations of electronic evidence is simple and exists many conflicts,so supposition of law status,evidence capability and provable capability about electronic evidence don' t have unified standard.In civil litigation cases about electronic evidence exist many undecided problems,that can' t realize completely purpose of deciding disputes in civil litigation. The author is base for forefathers makes application of electronic evidence as study object in civil litigation,and makes my country's current regulations about electronic evidence and practice of civil litigation as study soil,through comparing and analizing overseas related theory and system of electronic evdence,application of electronic evidence is studied systematically in my country' s civil litigation.This passage is divided into five parts.I.Classification and features. This part is basic,introduce mainly definition of electronic evidence, analyze classification and features of electronic evidence.Three problemes is theory base of this passage' s other parts.II.Quality and law status of electronic evidence.This part is theory base of electronic evidence in civil litigation. This part discusses mainly quality of electronic evidence,analyzes law status of electronic evidence.First,through comparing ideas of electronic evidence overseas,establishes firmly "copying a scripf'attribute of electronic evidence.Second, compares and analyzes demestic and overseas regulation of law about electronic evidence ownership,and analyzes differences between eletronic evidence and traditional evidence.In the end,this part discusses independent evidence type about electronic evidence in civil litigation.III.Collection and examination of electronic evidence.This is first link of electronic evidence in civil litigation.First,this part ponins out to be problems of electronic evdence in civil litigation,brings up to collect electronic evidence that should obey rules of law,introduce to collect electronic that should persist basic proceendings.Last,this part elaborates examination ways of electronic evidence.IV.Investigation and supposition of electronic evidence.This is most important part of this passage,is also key link of electronic evidence in civil litigation application.First,the author confers separately investigation problems aboutrelation,legality and objectivity of electronic evidence,analyzes evidence qualityof electronic evidence,analyzes evidence and adoption.Last,this part discusses supposition evidence capability of eletronic evidence from relation degree,reliable degree and whole degree,refines operational rules about my country(?) investigation and supposition of electronic evidence,brings up supposition standard of electronic evidence.V.Other problems of electronic evidence in civil litigation application.First,this part studies to give evidence,confers distribution problems of giving evidence,points out rules about reasonable responsibility of court.Second,this part studies to remedy destructible electronic programs,introduces ways about destructible electronic programs.In the end,this part studies to make a contract,discusses receipt and confirmation,an offer, reception and time and of place of making a contract,apllies comparably systematic theory direction for electronic evidence in civil litigation application.