The Applicaction Of E-mail In Civil Proof

"Supreme People’s Court on the application of<People’s Republic of China Civil Procedure Law> interpretation" (hereinafter referred to as the "Applies interpretation") Article 106, paragraph 2:"Electronic means to form or store in the electronic media which via e-mail, electronic data interchange, online chats recording, blog, micro blog, SMS, electronic signatures, domain name and so on."therefore, e-mail evidence is defined as evidence of an electronic data. Unlike traditional evidence, e-mail evidence has features, such as accuracy, dependence, vulnerability, etc., which gives the e-mail evidence a challenge in civil prove of the application. In order to better play the role of e-mail evidence in civil prove activities, this paper combined with case (2015) Shanghai Gao Min four (sea) Zhong Zi No.142 judgment, focus on analyzing the evidence property and notary preservation of e-mail and propose the author’s own views.The paper is divided into five parts:The first part is a case presentation and analysis including an introduction to the basic facts of (2015) Shanghai Gao Min four (sea) Zhong Zi No.142 judgment and the analysis focus on the controversy of this case, which analysis of the relationship between plaintiff and defendant if they have the freight trust relationships.The second part probes the concepts and features of e-mail, and summarize the main characteristics of easy to forgery, easy to modify and dependence. Since the "Civil Law" and "interpretation applies" only provides electronic data evidence the concept and types. Since people still unknown to what electronic data, especially e-mail features and applicable evidence is. Therefore, it’s necessary to explain them in-depth.The third part is an analysis of the email evidence properties, the first is the theoretical carding of the e-mail evidence attributes, namely legitimacy, authenticity and relevance; secondly to identify cases involving e-mail evidence properties were analyzed; finally we summarize some of the issues of the case on the e-mail evidence of the properties identified.The fourth part is the analysis of the e-mail notary preservation, firstly is the theoretical analysis of principle, operating rules and the effectiveness of e-mail evidence preservation notary; Secondly to analyze cases involving the e-mail evidence preservation notary reflect the principles, rules of operation and effectiveness; and finally summarized the case on the problems of preservation notary email evidence.In the fifth part, the author proposes to improve the e-mail evidence in civil proof of the proposal, to be specific, including attributes identification and preservation of notarization of email evidence.