On The Use Of Electronic Evidence In Our Civil Action

With the development of electronic information technology and internationale-commerce increasingly frequent,Computers and networks has become indispensable part ofthe people ’s work and life. When the emergence of electronic evidence which was a newthings brought convenience to us,it accompanied by a series on the impact of the traditionalsystem of evidence, as well as lead to a lot of disputes relating to electronicevidence.However,its appearance also led to much disputes relating to electronic evidence,Electronic evidence in these lawsuits is the most major, critical evidence, plays a decisiverole.At present, Electronic evidence as an emerging evidence in the concept of communitystill has not formed a unified concept.Legislation relating to electronic evidence can not meetthe needs of the judicial practice. Therefore, it is necessary to research and legislation onelectronic evidence.In this paper, on the basis of learning from and absorbing some of theacademic achievement which scholars at home and abroad researched,the author tries todescribe on how to collect and how to identify issues related to electronic evidence isdifferent from the characteristics of the traditional evidence.The first part,about overview of electronic evidence.The author The author based on thecharacteristics of electronic evidence, mainly from three areas of the the forensics mainevidence-gathering procedures,evidence collection methods which examine electronicevidence forensics issues.The second part, about China ’s legislation on electronic evidence.The author fistlysummarize and analyze the legislative status quo of China ’s electronic evidence, then thebrief were evaluated based on the inadequacies of existing legislation status quo of China ’selectronic evidence. The third part,about collection of electronic evidence. This is a prerequisite for the use ofelectronic evidence in civil proceedings.The author based on the characteristics of electronicevidence, mainly from the collection of the main body, collection procedures,collectionmethods,respectively explore forensics issues. The author firstly combines case the burden ofproof on the parties about the collection of the main body,secondly argues that evidenceobtained by illegal for illegal evidence exclusion rules with regard to the evidence-gatheringprocedures,thirdly discuss how to collect mobile phone text messages, e-mail, Internet chatrecords electronic evidence about the evidence-gathering techniques.The Fourth part,about identification on electronic evidence. This is a key link in the useof electronic evidence in civil proceedings.The author firstly analyses the admissibility ofelectronic evidence, mainly discusses the identification of electronic evidence on objectivity,relevance, legitimacy standard,then discuss the electronic evidence probative force from thereliability、the degree of completeness、the degree of association. And refine through the drawon the basis of advanced achievements of Chinese scholars on the review identified aspects ofoperability rules.