Whether the email can be used as evidence, and the legal effect of the email evidence

Conditions and determinations under which an e-mail can be used as evidence.

The biggest difference between e-mail and traditional communication methods is that it converts the meaning that people want to express into digital signals, and presents them on each other's computer screens through network transmission, so there is no "real handiwork" of each other, at best, it is only a printout on their own computer, and once the sender deletes the file from its "outbox" and "** station", it will disappear, and the characteristics of computer printouts that are easy to forge or delete cannot but make people doubt it. Therefore, the conditions for e-mails to be evidence should be relatively strict.

When reviewing the evidentiary validity of an email, it is important to first understand the characteristics of the email. The most important feature of e-mail is that each e-mail address corresponds to a unique registered user (it may be a person or some people), and its username, account name, and password are all unique. As long as anyone has the username and password of a registered user, he or she can use any computer connected to the Internet to send and receive e-mails and delete e-mails on the e-mail address corresponding to the user name.

Another characteristic of e-mail is the complexity of the transmission process, especially when it comes across borders, it has to go through multiple servers before it reaches the destination server. In practice, disputes directly caused by e-mail are rare, and they generally appear in the form of evidence, in the form of evidence, if both parties have no objection to the content of the e-mail and the sender and receiver, and accept the cross-examination of both parties in the litigation, it is considered that it can be determined as evidence, in such cases, the form of evidence of the e-mail is no longer important, because the admittent statement of the parties itself can be identified as evidence, and such admitting statement can be corroborated by the content of the e-mail, so, It should be determined by the court.

If there is a dispute between the parties over an e-mail in a lawsuit, whether it is a dispute directly caused by an e-mail or an e-mail in the form of evidence, as long as it involves the vital interests of the parties and the determination of key issues, the dispute will arise, mainly in the following situations.

Legal Analysis: Emails can be used as legal evidence. Evidence includes:

1) Physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (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.

Legal basis: Article 50 of the Criminal Procedure Law of the People's Republic of China: Materials that can be used to prove the facts of a case are all evidence. Evidence includes:

1) Physical evidence; (2) documentary evidence; (3) Witness testimony; (4) The victim's statement; (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 63 of the Civil Procedure Law of the People's Republic of China Evidence includes: (1) the statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 33 of the Administrative Litigation Law of the People's Republic of China Evidence includes: (1) documentary evidence; (2) Physical evidence; (3) audio-visual materials; (4) Electronic data; (5) Witness testimony; (6) the statements of the parties; (7) Appraisal opinions; (8) Inquest records and on-site records.

In order to use e-mail as evidence, you can ask a notary public to make a notarized document before the lawsuit, and in the lawsuit, you can submit the e-mail to the People's Court, according to the law, the evidence includes the statements of the parties, documentary evidence, physical evidence, audio-visual materials, etc.

Article 63 of the Civil Procedure Law Evidence includes: (1) the statements of the parties; (2) documentary evidence; (three heads) physical evidence; (D) audio-visual imitation materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 66: People's courts receiving evidence materials submitted by parties shall issue receipts, indicating the name of the evidence, the number of pages, the number of copies, the original or photocopy, and the time of receipt, and so forth, and have the handling personnel sign or affix a seal.

E-mails are electronic data in the category of statutory evidence. If the email is legitimate, authentic, and relevant, it can be used as evidence in court. The legitimacy of evidence refers to:

1. The evidence conforms to the statutory form of evidence and belongs to the statutory type of evidence;

2. The evidence meets the formal requirements;

3. The legality of the evidence, including whether the subject of the evidence is qualified, whether the evidence collection procedure is legal, etc. The authenticity of evidence means that the process of formation of a piece of evidence itself is objective and true, and it is not intentionally forged by the party that issued the evidence, and the content of it can objectively reflect the facts to be proven. It includes two aspects of the real in form and the real in substance.

The relevance of evidence means that there must be a certain connection between the evidence and the facts to be proven. According to the degree of closeness, the evidence can be divided into direct evidence, early evidence and indirect evidence.