With the continuous development of Internet technology, more and more people use electronic devices and networks to communicate and trade in their daily life and work. This has also led to the increasing importance of electronic evidence in litigation practice. Electronic evidence refers to information generated in a computer system or network and in electronic form to prove the facts of a case. Different from traditional evidence, electronic evidence is easy to tamper with, easy to lose, easy to forge and other characteristics, so special attention needs to be paid to its collection, preservation, and authentication.
1. Collection of electronic evidence.
The collection of electronic evidence is an important task in litigation practice. When collecting electronic evidence, there are a few things to keep in mind:
1.The subject of collection should be qualified. The collection of electronic evidence needs to be carried out by a qualified investigator or forensic agency, otherwise the case may be adversely affected by issues with the validity of the evidence.
2.The collection process should be lawful. When collecting electronic evidence, it must comply with relevant laws, regulations, and procedures, and must not infringe upon the lawful rights and interests of others.
3.The collection method should be scientific. For different types of electronic evidence, different technical means and tools need to be used to collect it to ensure the authenticity and integrity of the evidence.
II. Preservation of Electronic Evidence.
Preserving electronic evidence is an important measure to ensure its authenticity and integrity. When preserving electronic evidence, the following points need to be noted:
1.Timely preservation. When it is discovered that electronic evidence might be lost or tampered with, preservation measures shall be immediately employed to prevent the evidence from being lost or tampered with.
2.Scientific preservation. Adopt scientific methods and means to preserve electronic evidence, such as data backup, encrypted storage, etc., to ensure its authenticity and integrity.
3.Legal preservation. When preserving electronic evidence, relevant laws, regulations, and procedural provisions must be complied with, and the lawful rights and interests of others must not be infringed.
III. Authentication of Electronic Evidence.
Authentication of electronic evidence is a key part of ensuring its probative force. When certifying electronic evidence, there are a few things to keep in mind:
1.Authenticity certification. Authenticate the authenticity of electronic evidence, such as confirming data**, timestamps, etc., to ensure that it is authentic.
2.Integrity Certification. Authenticate the integrity of electronic evidence, such as using technical means such as hash values to verify data to ensure that the data has not been tampered with.
3.Legality certification. Authenticate the legitimacy of electronic evidence, such as confirming the legality of the evidence collection procedures and the legality of witness qualifications, so as to ensure the legality and validity of the evidence.
In Internet-related litigation practice, it is necessary to pay attention to the characteristics and legal provisions of electronic evidence to ensure that the electronic evidence used is true, lawful and complete. At the same time, for different types of electronic evidence, different technical means and tools need to be used to collect, preserve and authenticate to ensure its probative power. In addition, it is also necessary to strengthen the construction of the electronic evidence management system, improve the professional quality and technical level of relevant personnel, and provide more comprehensive, accurate and efficient electronic evidence support for litigation practice in the Internet era.