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Do you know the common forms of electronic evidence?

Time : 16/02/2022 Author : msgc61 Click : + -
        If it is really difficult to provide the original carrier, a copy may be provided. Where a copy is provided, the people's court shall explain the source and the process of making the copy in the investigation record. (2) Whether the hardware and software environment of the computer system on which the generation, storage and transmission of electronic data depends is in normal operation, or whether it has an impact on the generation, storage and transmission of electronic data when it is not in normal operation;. (3) Whether the hardware and software environment of the computer system on which the generation, storage and transmission of electronic data depend have effective monitoring and verification means to prevent errors;. Through sorting out the legislative process of electronic data, it is not difficult to find that although the concept of electronic data has appeared in the legislation for a long time, it is because of the promulgation of the civil procedure law in 2012 that it is really a type of evidence in civil proceedings.
        In addition, in judicial practice, the understanding of electronic data evidence is only limited to the more general and conceptual provisions in the judicial interpretation of the civil procedure law in 2015. The specific scope, collection and preservation of evidence, analysis and review of the "three characteristics" of evidence have always been difficult problems that courts at all levels can not avoid in the actual handling of cases, but it is difficult to unify standards. The new rules on evidence, which lasted four years, made clear and detailed provisions on the understanding and application of electronic data evidence. Article 14 of the new rules on evidence defines the scope of electronic data evidence. According to Article 6 of several issues on understanding and application of new civil evidence regulations issued by the Supreme Court, the author thinks that electronic data evidence can be technically divided into four categories:.
        In short, electronic evidence includes information released by the network platform, communication information of network application services, registration information, transaction records and other trace information, as well as electronic files such as documents, audio and video. Electronic data refers to information formed or stored in electronic media through e-mail, electronic data exchange, online chat records, blogs, microblogs, mobile phone SMS, electronic signatures, domain names, etc. Its original carrier is floppy disk, hard disk, optical disk and U disk (digital signal storage). Of course, the provisions on electronic data shall also apply to the recording materials and video materials stored in electronic media such as pen recording and mobile phone recording. As the evidence of case review, the original is the principle.
        For electronic data evidence, its original refers to the various storage media where it was originally generated and fixed, such as the camera for video recording, the computer for sending mail, the mobile phone for sending wechat, etc. As for the situation that the original carrier recording the electronic evidence is inconvenient to be presented in court in practice, in view of the fact that the court really needs to examine the specific content of the medium or carrier record when hearing the case, the new rules of evidence stipulates that if the manufacturer of electronic data makes a copy consistent with the original, or directly originates from the printed copy of electronic data or other output media that can be displayed and identified, It can be regarded as an original of the electronic data.
        In short, if it can achieve functional equivalence, its copy can be regarded as the original evidence. As for how to determine whether it can achieve functional equivalence, the author thinks that the following elements can be referred to:. In general, the examination of evidence should pay attention to its "three characteristics". Among them, the relevance and legality of electronic evidence are no different from the general types of evidence. Therefore, the new rules on evidence do not specify it, but focus on its authenticity. This is because compared with other evidence, electronic evidence has certain virtuality and fluidity. There is a certain space-time difference between the information itself and the storage medium. Moreover, as a new type of evidence, electronic evidence itself needs new legal norms to regulate.
        It refers to that the media and equipment storing electronic data keep their originality, identity and integrity in the process of litigation, without being forged, altered, replaced or destroyed. It refers to whether the electronic data is true, whether the original data is consistent, and whether it is modified, deleted, added, etc. at the technical level. Both parties entered into a sales contract through wechat chat. In the lawsuit, the plaintiff provided the wechat chat record as evidence to prove that both parties had reached a legal relationship of the sales contract. At this time, we should first check whether the mobile phone is the mobile phone that sends the above chat content, which is the authenticity of the carrier. Secondly, we need to check whether the above wechat chat records are complete and true, and whether there are modifications, deletions, etc., which is the authenticity of the data itself.
        Finally, we need to review whether the content expressed in the wechat chat record is the true meaning of both parties. This is the line presumption authenticity of the content. This can be connected with the admission system, that is, the parties submit the electronic evidence unfavorable to themselves to the court, and the judge can presume the authenticity of the electronic evidence. In general, the ways of electronic evidence storage include: self storage, that is, the parties themselves save the electronic evidence by taking photos, downloading, screenshots, etc; Notarization certificate means that the notarization institution shall, according to the application of the parties, prove the authenticity and legality of electronic evidence according to legal procedures; Time stamp deposit, that is, the electronic data submitted by the parties can be proved to be authentic through the technical means of trusted time stamps or through the authentication of the electronic forensics deposit platform; Blockchain certificate is a technical scheme composed of multiple network technologies such as time stamp, asymmetric encryption algorithm and hash algorithm. It is a certificate storage method that integrates multiple qualified and computing capable blocks into a chain through centralization. Each block on the chain maintains complete transaction information.
        In addition to self depositing, the other three depositing methods are provided or confirmed by the third-party platform. Due to their neutrality, the electronic data saved and provided are complete and reliable, so its authenticity can be presumed. If the electronic evidence produced by the parties for the purpose of litigation is inconsistent with the electronic evidence formed in the normal business activities, the latter has greater probative power. Archives are the original records of words, images, sounds and other forms formed by state institutions, social organizations and individuals in social activities and kept for future reference. The electronic evidence of electronic archives management usually strictly follows the laws, regulations and standards of archives management, with high reliability, reducibility and verifiability, and the authenticity can be generally presumed.
        If the parties have agreed on the preservation and transmission of electronic evidence, it has fully guaranteed the autonomy of both parties, and it can be indirectly recognized that both parties have recognized the authenticity of the data stored in this way, so the authenticity can also be directly presumed. Paragraph 2 of Article 94 of the new rules on evidence specifically stipulates that notarized electronic evidence can be presumed to be authentic. This is also in line with Article 10 of the new rules on evidence, which stipulates that "the parties need not provide evidence to prove the facts that have been proved by valid notarial documents". Whether it is the authenticity of the court review or the authenticity of the presumption, when the court considers it necessary, it can start the identification or inspection procedures, and review and judge the authenticity of the electronic data with the help of professional opinions.
        Review the identities of both parties in the wechat chat record. You can find the other party's users in the address book through the original mobile phone and click to view personal information, and display the remarks, nicknames, wechat signals, avatar photos and other content with identity orientation displayed on the personal information interface;. Whether the acquisition method of the audio and video recording itself is legal, whether it seriously infringes upon the legitimate rights and interests of others, violates the prohibitive provisions of laws, or seriously violates public order and good customs;. Provide the website address and time, and demonstrate the webpage in court, indicating the contents related to the case in the webpage. In general, the process of cross examination of web pages as evidence is to open the web pages for display in court;. Relevant websites can be requested to provide assistance to directly preserve the evidence from the links of computer system transmission and storage, or experts from relevant units can be invited to make identification, and put forward expert opinions from the generation, storage, transmission and output environment reliability of web page evidence.
        As shown above, with the continuous development of information technology, new forms of electronic evidence and evidence storage methods are rising. Time stamp and blockchain certificates are gradually applied to judicial practice because of their advantages of high efficiency, neutrality and low cost. At present, the common time stamp evidence storage in practice refers to the use of the trusted time stamp Internet electronic data forensics system of the joint trust time stamp service center to store or preserve electronic evidence. The joint trust time stamp service center is a time stamp service organization guaranteed by the state's time service and punctuality. According to the operation guide for Internet electronic data collection and solidification and preservation of trusted time stamps (v1.0), the electronic evidence solidification of trusted time stamps is to take the center as the third party and use trusted time stamps as the technical means to ensure the authenticity of electronic data, After the security and cleanliness of the forensics computer and network environment are checked according to the standard operation process, the whole forensics process is recorded and the video files are applied for trusted time stamp authentication.
        The so-called blockchain certificate refers to the use of blockchain technology to store electronic evidence on the blockchain. The so-called blockchain technology refers to connecting the data blocks in chronological order to form a chain data structure, and then using cryptographic technology to ensure that they are not tampered with and forged. At present, the application of blockchain technology in the field of judicial evidence has been gradually promoted in various Internet courts. In the future, with the construction of smart courts and the increasing number of courts included in blockchain nodes, this method will be gradually expanded to the judicial trials of various courts. Therefore, it is necessary to understand its basic review elements and contents., Unlike the time stamp deposit method, the blockchain does not have a national unified deposit institution and service center, but is scattered in multiple data platforms.
        Therefore, when the parties submit the electronic evidence through the blockchain deposit, they also need to provide corresponding evidence to prove the qualification of the blockchain deposit platform involved and its internal standard system. In particular, they need to prove that there is no interest between the platform and the parties involved, and the deposit method of the platform is scientific and effective, and the data stored will not be tampered with or forged. When reviewing the electronic evidence stored by the blockchain technology, the elements of the authenticity review of electronic evidence shall be specifically analyzed in combination with the provisions of articles 93 and 94 of the new rules on evidence. Unlike the electronic evidence deposited by itself, the blockchain deposit platform itself belongs to a third-party deposit institution and has a certain degree of neutrality. Therefore, in the specific review, the standards can be appropriately relaxed to improve the efficiency of evidence review.
        In addition, if the other party is also one of the nodes in the blockchain, it may be required to provide the corresponding data obtained from the blockchain platform for comparison to ensure the authenticity of the evidence., Due to the characteristics of the blockchain technology itself, it can ensure that the stored data will not be tampered with or forged at will, but it is impossible to distinguish whether the original data is authentic. Therefore, if a party raises an objection to the authenticity of the original data, the authenticity of the original data itself should be reviewed separately, and the authenticity cannot be directly determined simply because it already exists in the blockchain platform. With the continuous development of information technology, the evidence in the form of electronic data will be more and more new in the future. However, as a type of civil litigation evidence, it must conform to the basic principle of "Three Natures" of evidence.
        Therefore, for the parties concerned, in the process of evidence collection and preservation, they can also start with the "Three Natures" and respond to changes with invariance.
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