A Study On Probative Force Of Electronic Archives

This paper focuses on the discussion whether electronic archives have probative force or not. The conflict between the doubt of the general public about the probative force of electronic archives and the increasing number that makes it an urgent to focus on the probative force of electronic archive. This paper aims to confirm that electronic archives have the probative force through the study on the probative force identification of electronic archives.This paper argues that electronic archives have probative force. Whether electronic archives have probative force is not just a simple yes-or-no question but needs to be determined through the identification to the probative force of electronic archives. In this paper, the author mainly discuss the three principles that should be complied with in the probative force identification of electronic archives,on to a legal footing, fairness principle and free evaluation of the evidence. And also put forward the three conditions which should be met in the probative force identification of electronic archives: competency of evidence is the necessary condition; aboriginality、reliability and integrity is the sufficient condition. And through the examination and identification on the six aspects, as objectivity, legality, truthfulness, reliability, integrity and relevance, to finally determine whether electronic archives have probative force and the effectiveness of its probative force. In addition, the author also uses comparative method to analyze the effectiveness of probative force when electronic archives being in special occasions. At last, according to the factors that influence the probative of electronic archives, the author puts forward measures to ensure the probative force identification of electronic archives.