电子邮件证据采信规则研究-法律学专业论文.docxVIP

1 1 2 2 Abstract Along with the development of science and technology ,electronic Evidence is more and more wide in practical applications .But our law is lagging behind ,There is no corresponding electronic evidence applicable rules . In august 2013 ,the new civil procedure law is promulgated .Electronic evidence is kind of independent evidence ,is unlike traditional evidence ,but there is no corresponding applicable rules and the law soil of adjust to its development .In practice ,the collection presentation admissible rules of electronic evidence is deferent ,this is not conducive to correct referee and unified law, the reality urgent need to establish the electronic evidence admissibility rules . The first part of this article is the basic situation of the case .Brief introduce the case and the evidence ,analyzes the focus of the case：the e-mail evidence of the case whether has legitimacy、authenticity、relevance and probative the size of the e-mail evidence probative force .Through analyzing the case, find the Problems and solutions of the e-mail in practice applicable，Investigate the e-mail applicable rules. The second part of this article is analysis of the relevant jurisprudence. The legitimate form of the email evidence include printed matter、notarized form、 identification form、presentation in court、internet service providers provide the first data. The probative force of evidence is different, collected in different ways. Probative force of printed matter form is minimal, Probative force of identification form and the email provided by network service provider is maximum. Email forming environment is virtual, so judgment of email evidence authenticity is different from traditional evidence. Include content whether is true and identity whether is true. First, email evidence authenticity need judge the owner of e-mail, when the owner of e-mail is not recipient of the message, need judge recipient of the message. Finally need to judge email content whether is c