A Study On The Evidence Capability And Probative Force Of Electronic Data In Qvod Case

Criminal Procedure Law of the People’s Republic of China and Civil Procedure Law of the People’s Republic of China,Administrative Procedure Law of the People’s Republic of China,confirm "electronic data"as a new form of evidence successively,make it the same legal status as traditional form of evidence.At the present stage’s juridical practice,the use of electronic data has a comparatively obvious contradiction:on the one hand,the importance of electronic data is increasing sharply,electronic data tends to play a role of essential evidence in plenty of cases,cases can not be settled for lack of electronic data;on the other hand,the establishment of relevant theoretical system of electronic data is not completed yet,law practitioners lack computer-related professional competence so that the procedure is irregular in the process of plenty of electronic data’s collecting,extracting,identifying and etc,lack decision rules of probative force of electronic data so that the probative force of electronic data is inadequate.Hearings on January 7th,2016,the case of shenzhen Qvod technology Co.,LTD.and the main management personnel being suspected of spreading pornographic materials is extremely representative.In the trail of Qvod case,the electronic data that the court lodged is widely doubted.It is believed,firstly that there are evident and irreparable flaws in the detention and perseverance of evidence.Secondly,identification procedure is illegal.There exits with problems like overdue identification,certifying agency lacking corresponding qualifications.Thirdly,the integrity of suggestive servers is damaged,servers are damaged,hard disks are missing and reasons can not be explained.In conclusion,it is the obvious flaws in collecting,extracting,perseverance,identifying and other segments of electronic data that seriously influence the evidence capability and probative force of electronic evidence.The author will analyze problems existing in electronic data and the cause of them in Qvod case carefully,and put forward countermeasure and suggestion to solve them.This article is divided into four parts,the first part describes the facts of QVOD and main dispute briefly;The second part discussed the evidence ability of electronic data around the legitimacy,authenticity and relevancy of evidence;The third part discussed the evidence ability of electronic data around the integrity of electronic data,identification and copy-effect of the electronic data;Through the problem of the electronic data’ evidence ability and testifying force to the case,the forth part seeks to the problem of electronic data from the legislation to judicial in our country and puts forward the countermeasures and suggestions.