According to the judicial interpretation of the Civil Procedure Law, electronic data refers to information formed or stored in electronic media by means of e-mail, electronic data exchange, online chat records, blogs, micro-blogs, mobile phone short messages, electronic signatures and domain names. Generally speaking, electronic evidence refers to the data message supported by modern information technology as the general term of litigation evidence.
Judicial expertise of electronic evidence
"Several Provisions on Evidence in Civil Procedure" puts forward that in the process of cross-examination, the parties should question, explain and refute the ability of false proof and its probative force around the authenticity, relevance and legality of evidence. This is also the standard for judicial personnel to examine and verify electronic evidence.
Authenticity: review source, production time, place, production participants, formation process, etc. To determine whether the contents of the evidence materials are objective and true, and whether there are any deletions or forgeries.
Relevance: The parties should fully prove the materials related to the disputed facts, and keep the original evidence materials as much as possible according to the appraisal rules, which is helpful to enhance the credibility of electronic evidence.
Legitimacy: on the one hand, it is the premise to ensure the legitimacy of the identity of the subject providing evidence, including not only the legitimacy of the identity of the subject obtaining evidence, but also the legitimacy of the relevant subjects in the process of reviewing, making, collecting and extracting evidence; On the other hand, the collection method and process of evidence materials should comply with laws and regulations.