On The Validity Of Electronic Evidence In Civil Litigation

The upsurge and development of electronic technology has greatly changed the lifestyle of human beings. It has made our life convenient. Meanwhile, it has inevitably caused a series of difficult problems. It has brought challenges to the existing legal rules of human society. Electronic evidence and its validity are such kind of difficult problems. In China, the importance of electronic evidence has been recognized in the legal system. There are some regulations on electronic evidence as attempts. However, the regulations are scattered rather than systematic. The inadequate regulations on electronic evidence cannot meet the demand of social reality in China. This thesis aims at clarifying the misunderstanding of relevant theories, correctly defining the validity of electronic evidence in civil litigation, and providing suggestions on the legislation of the validity of electronic evidence in civil litigation in China. The thesis, by utilizing theoretical analysis, begins with electronic evidence and its legal validity, makes a comparative study of the legal validity of electronic evidence of foreign countries, and puts forward suggestions on improving the legislation of the validity of electronic evidence based on the research in its present situation in China.