JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2016, Vol. 29 ›› Issue (2): 55-63.DOI: 10.13766/j.bhsk.1008-2204.2015.0578

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Research on Authenticity Judgment of Electronic Evidence in Civil Procedure

NI Jing   

  1. National Internet Emergency Center, Beijing 100029, China
  • Received:2015-12-14 Online:2016-03-25 Published:2016-03-28

Abstract:

There are no specific provisions on the authenticity judgment of electronic evidence in the existing laws of China, so that the authentication degree of the electronic evidence usually differ in different cases. This paper summarized that no unified identification standard, non-uniform of evidence form, uneven development of notary technology and identification technology are the main problems in this field through analyzing typical cases. This paper presented a method for authenticity judging of electronic evidence. The evidence should be identified from the sources firstly, then we could investigate the generation, transmission, preservation and exhibition of the electronic evidencewith advanced identification techniques and authenticity guarantee techniques by using authentication method, expert auxiliary method, comparative method and comprehensive analysis method. This method has been applied to the authenticity judgment process of different kinds of electronic evidence in the paper. This paper provides a methodological guidance for the authenticity judgment of electronic evidence in China to pursue the unity of objective reality and legal truth at the greatest extent.

Key words: electronic evidence, evidence capability, judgment methods, e-mail, e-chatting, sms, twitter

CLC Number: