The so-called electronic evidence: The "electronic data" stipulated in China's Civil Procedure Law is often referred to as "electronic evidence" in academic and practice, and the denotations of the two are roughly the same.

according to the judicial interpretation of the civil procedure law, electronic data refers to information formed or stored in electronic media through e-mail, electronic data exchange, online chat records, blogs, micro-blogs, mobile phone short messages, electronic signatures, domain names, etc. Generally speaking, electronic evidence refers to the data message supported by modern information technology as a general term for litigation evidence.

Judicial determination of electronic evidence

Several Provisions on Evidence in Civil Procedure states that during cross-examination, the parties concerned should question, explain and refute the evidence's incorrect probative ability and its probative strength around its authenticity, relevance and legality. This is also the standard for judicial personnel to examine and verify electronic evidence.

authenticity: review the source, production time, place, production participants, formation process, etc. of electronic evidence, so as to determine whether the contents of the evidence materials are objective and true, whether they are deleted or forged, etc.

Relevance: The litigant should fully prove the materials related to the proven facts in the dispute, and keeping the original state of the evidence materials as much as possible according to the identification rules will help to enhance the credibility of electronic evidence.

legality: on the one hand, it is a prerequisite to ensure the legality of the identity of the subject providing evidence, including not only the legality of the identity of the evidence collection, but also the relevant subjects in the process of evidence review, production, collection and extraction; On the other hand, the collection method and process of evidence materials should comply with laws and regulations.