Research On The Admissibility Of Instant Messaging Records

As an important type of electronic data,instant messaging records play an increasingly important role in the field of civil litigation.However,in the judicial practice,it faces the problem of difficulty in identifying the admissibility,which is easy to be confused with the admissibility of traditional evidence.In order to allow judges to more accurately determine the admissibility of instant messaging records,China should construct the rules of the evidence of the instant messaging records,thereby breaking the judicial recognition dilemma and improving the evidence law system.In addition to the preface and conclusion,this paper is divided into four parts,totaling more than 35,000 words.The first part: The relevant underlying categories of admissibility of instant messaging records.This section studies the relevant underlying categories of admissibility of the instant messaging records.The instant messaging record consists of the communication machine content information record and the auxiliary data information record.Therefore,it has particularity and independence in the identification of the admissibility,and it requires unique criteria for the admissibility.The nature of the legal issues in the admissibility of the instant messaging records and the purpose of strengthening the admissibility of the judgment are clarified,so that the judge can more accurately determine the admissibility.The second part: the dilemma of the admissibility for instant messaging records.It mainly analyzes the existing problems from the three dimensions of legislation,theory and practice.At the legislative level,the existing regulations outline general and lack of admissibility rules,and it is difficult to meet the needs of admissibility determination in judicial practice.At the level of judicial practice,113 judging documents are used as research objects,revealing that the judges confuse the admissibility with the indirect evidence,and the problems of randomization,inanition,and unreasonable reason for the admissibility of instant messaging records.The litigants can not explain the evidence insufficiently,which intensified the confusion of the admissibility of instant messaging records.At the academic level,there is no unified conclusion on the independence,essence and specific operation for the admissibility of instant messaging records,which fails to solve the practical problem.The third part: this part studies from the theoretical basis and the realistic basis.The basis of the admissibility for instant messaging records.The theoretical basis mainly studies the relationship between the traditional evidence and the admissibility of instant messaging records,and then proposes that the traditional evidence attributes theory is the basis for the construction of the admissibility rules of the instant messaging record.Then from the perspective of comparative law,this paper studies the legislation and theory about the admissibility of instant messaging records outside the domain,and draws on the legislative experience and theoretical thinking about the admissibility of instant messaging records outside the domain.The reality base mainly proposes the necessity of identifying the admissibility of instant messaging records through the admissibility rules from the particularity of instant messaging records,the constraints of judges' judgments,the requirements of legislation and practice,the procedural law and the substantive law.The fourth part: the perfect for the the admissibility of instant messaging records.This part proposes to construct a rule system including association rules,truth verification rules,original rules,illegal evidence exclusion rules and so on.It should classify instant messaging records from the perspective of perfecting the rules for the identification,and it also applies different types rules into the text,audio,and transfer records.It proposes procedural measures from the establishment of admissibility ruling procedures,strengthening the confrontation between the two parties to evidence,enhancing the judge's judgment on the admissibility of instant messaging records.At the same time,combined with block chain and other technical means to break the technical dilemma of the identification of the instant messaging records.