What is Electronic Evidence? Can electronic evidence be used as evidence?

The so-called electronic evidence: "electronic data" stipulated in China's Civil Procedure Law is often referred to as "electronic evidence" in both academic and practical terms, and the two refer to roughly the same extension.

According to the provisions of the Judicial Interpretation of the Civil Procedure LawElectronic data refers to:: Information generated or stored in electronic media through e-mail, electronic data interchange, online chat logs, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc. Generally speaking, electronic evidence refers to the general term for data messages supported by modern information technology as litigation evidence.

Several Provisions on Evidence in Civil Proceedings proposes that when cross-examining evidence, the parties shall question, explain and refute the authenticity, relevance and legitimacy of the evidence, and the incorrect probative capacity and probative force of the evidence. This is also the standard for judicial adjudicators to review and verify electronic evidence.

Restrictions on regulatory provisions: According to Article 8 of the Electronic Signature Law, the following factors shall be considered in reviewing the authenticity of data messages as evidence:

1. Reliability of methods for generating, storing or transmitting data messages;

2. Maintain the reliability of the content integrity method;

3. The reliability of the method used to identify the sender;

4. Electronic evidence that has not been tampered with by judicial appraisal;

Electronic evidence that has been evaluated by a forensic appraisal institution with qualifications for forensic evaluation of electronic data through standard appraisal procedures shall be found to be authentic. ”

Construct a closed loop of electronic evidence chain: Due to the characteristics of electronic data generated in real time and easy to be lost, the contract lock leaves traces and records in real time for each step of the electronic contract. The storage and collection of electronic evidence runs through every operation process of electronic contracts, and a closed loop of electronic evidence is built to ensure the ability to prove evidence in electronic contracts.

Contract Signing & Transmission:

Technically, through CA identity authentication and information encryption technology, the authenticity and non-repudiation of the signed identity during the contract signing process are ensured, and the signed content cannot be tampered with.

In the process of electronic contract signing and transmission, the electronic data of each operation node is fixed and retained by using hash value solidification technology. By comparing the hash value of the original text of the contract before and after signing, it is possible to prove whether the electronic contract has been tampered with.

Contract data storage and proof:

With the help of timestamp technology, every operation in the process of signing, storing, and transmitting electronic contracts can be fixed, so that the electronic data of each link is interrelated.

At the same time, in order to ensure the fairness, impartiality and authority of electronic data storage, the electronic contract platform and the Oriental Notary Office realize the electronic contract notarization service. According to the application of the parties to the contract, the platform can provide an authoritative notarial certificate to prove the ability of the electronic contract as evidence materials.

Electronic evidence is used as evidence through data in storage devices such as hard disks, video recordings, and USB flash drives, and the evidence is collected through electronic devices.

1. Protection of storage devices.

Before the putty forensics is collected, the target computer and related equipment should be frozen first to avoid the destruction of electronic evidence.

2. Determination of electronic evidence.

Sift through massive amounts of data for electronic evidence that requires computer forensics, and determine where to store it.

3. Collection of electronic evidence.

After copying the data of the suspect storage device to the target disk, use computer forensics tools to collect relevant electronic evidence, and record and archive the operation. At the same time, important electronic evidence can be backed up with CD-ROMs, and electronic evidence can also be directly printed into documents.

4. Protection of electronic evidence.

The computer where the electronic evidence is stored is not allowed to be operated at will, so as to avoid the loss of the electronic evidence. To prevent electronic evidence from being altered or destroyed, make several more copies of the original image and store it in a safe place.

5. Analysis of electronic evidence.

Professional computer forensic analysis software was used to analyze and identify the electronic evidence mentioned.

6. Archiving of electronic evidence.

Organize the results of computer forensic analysis for the court to use as electronic evidence in litigation.

Electronic evidence refers to all materials and their derivatives that exist in electronic form and are used as evidence, or all evidence formed with the help of electronic technology or electronic equipment. To put it simply, it is to use all the evidence of the data files stored in the computer to prove the facts of the case.

The basic principles of extracting electronic data for forensics are as follows:

1) The evidence collection process must comply with Chinese laws and regulations;

2) Adopt completely reliable forensic methods to ensure the integrity and continuity of electronic data. i.e., when electronic data used as evidence is formally presented to the court, it must be able to account for any change between the state in which the data was originally obtained and the state in which it appears in court;

3) Law enforcement personnel engaged in evidence collection must be authorized by law, and law enforcement personnel engaged in evidence collection must undergo professional evidence collection training;

4) The activities of data acquisition, storage, transportation, analysis and inspection must be recorded and archived for investigation;

5) Forensics personnel should be equipped with forensics work that meets the requirements.

Legal Analysis: Can be used as evidence. Audiovisual materials include audio and video materials. Electronic data means by e-mail.

Electronic Data Interchange, Web Chat Logs, Blogs, Microblogs.

SMS, electronic signature.

Information that is formed or stored in an electronic medium, such as domain names.

Legal basis: Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings

Article 14: Electronic data includes the following information and electronic documents:

1) Information published on web pages, blogs, microblogs, and other online platforms;

2) Communication information from network application services such as mobile phone text messages, e-mail, instant messaging, and communication groups;

3) User registration information, identity authentication information, electronic transaction records, communication records, logs, and other such information;

and other electronic documents;

5) Other information that can prove the facts of the case that can be stored, processed, or transmitted in a digitized form.

Article 15: Where parties use audio-visual materials as evidence, they shall provide the original medium for storing the audio-visual materials. Where parties use electronic data as evidence, they shall provide the originals. A copy of the electronic data that is consistent with the original made by the producer of the electronic data, or a printout or other output medium that can be displayed or identified directly from the electronic data, is regarded as the original of the electronic data.

Electronic evidence includes evidence that can be used as evidence in litigation using information formed or stored in electronic media, such as e-mails, electronic data interchanges, online chat records, blogs, microblogs, mobile phone text messages, electronic signatures, domain names, etc.

[Legal basis].Article 50 of the Code of Criminal Procedure.

The materials that can be used to prove the facts of the case are all evidence.

Evidence includes: (1) physical evidence;

2) documentary evidence; 3) witness testimony;

4) Victim statements;

5) Confessions and justifications of criminal suspects or defendants;

6) Appraisal opinions;

7) Records of inquests, inspections, identifications, investigative experiments, and so forth;

8) Audio-visual materials and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict.

Article 54.

Evidentiary materials such as physical evidence, documentary evidence, audio-visual materials, and electronic data collected by administrative organs in the course of administrative law enforcement and case investigation may be used as evidence in criminal proceedings.

"Electronic evidence" can be divided into: 1) Word processing documents: documents formed through word processing systems, consisting of words, punctuation, **, various symbols, or other encoded text.

Files generated by different types of word processing software are not compatible (such as Word and WPS), and files formed using different rules cannot be read directly. All of these software, systems,** together with the textual content, constitute the basic elements of a word processing document. 2) Graphics processing files:

Graphical data aided by computer special software systems can intuitively understand the relationship between discontinuous data through graphics, making complex information vivid and clear. 3) Database file: A file composed of several raw data records.

The function of the database system is to input and store data, query records and output results according to instructions, it has high information value, but only after collating and summarizing, it has practical use and value. 4) Program file: a tool for computer to communicate with man, and the software is composed of several program files.

5) Video, audio and video files: that is, the so-called "multi-**" files, which are usually composed of scanning and identification, ** capture, audio entry, etc. Article 50 of the Criminal Procedure Law of the People's Republic of China All materials that can be used to prove the facts of a case are evidence.

Evidence includes: (1) physical evidence; 2) documentary evidence; 3) witness testimony; 4) Victim statements; 5) Confessions and justifications of criminal suspects or defendants; 6) Appraisal opinions; 7) Records of inquests, inspections, identifications, investigative experiments, and so forth; 8) Audio-visual materials and electronic data. Evidence must be verified to be true before it can be used as the basis for a verdict.

Some people believe that because electronic evidence is easy to be forged and tampered with, and no trace is left after forgery or tampering, and because electronic evidence is prone to errors due to human reasons or the influence of environmental and technical conditions, electronic evidence should be classified as indirect evidence. In our view, this is a misunderstanding of the essential legal nature of electronic evidence.

The classification of direct and circumstantial evidence is a classification based on the criterion of whether it can directly prove the main facts of the case. Electronic evidence is a mixture of electronic physical evidence, electronic documentary evidence, and electronic audio-visual materials, which can appear as direct evidence or indirect evidence under different circumstances, and we should not deny its role in directly proving the authenticity of the case because of its destructibility.

We believe that electronic evidence can be used as direct evidence, and it is not excluded from being used as indirect evidence, which is determined by the multiple attributes of electronic evidence.

1. What is the difference between electronic evidence and traditional evidence?

Electronic evidence refers to all materials that are presented in electronic form and can prove the facts of a case. At present, in judicial practice, the electronic evidence often encountered mainly includes mobile phone text messages, e-mail, online chats and other forms. Compared with other evidence, electronic evidence has high-tech and intangible properties, content is easily destructible and insecure, multi-functional and complex, easy to preserve, fast transmission and repeated reproducibility.

A correct understanding of the legal attributes of electronic evidence is directly related to the collection and authentication of electronic evidence. We believe that the types of evidence are the categories determined by the legislator in legislation for various evidentiary materials according to the characteristics of each evidentiary material, the probative role of each evidentiary material in analyzing the facts to be proved, and combining the presentation form of the evidentiary material. Formally, it is based on the external manifestations of each evidentiary material, but in essence, it is based on the internal characteristics of the evidentiary materials that are used as a pretense to prove the facts to be proved.

Therefore, it is inappropriate to simply classify electronic evidence as physical, documentary or audio-visual materials, which only recognizes certain characteristics of electronic evidence on a certain occasion and does not reflect the whole of electronic evidence. We believe that from the major event of the removal of the rope to the paper record to the electronic storage, what has changed is the change of the recording carrier from the rope to the paper to the electromagnetic substance. From the perspective of evidentiary science, paper can appear as both documentary and physical evidence in different situations, which is essentially the same as the various properties of electromagnetic carriers, but electromagnetic carriers can also appear as audio-visual materials.

Therefore, electronic evidence is not an independent type of evidence, but a mixture of electronic physical evidence, electronic documentary evidence, and electronic audio-visual materials, and should be based on this when collecting and authenticating such evidence.