Electronic Evidence in China

This article introduces electronic evidence in relation to civil proceedings in China, and how electronic evidence is recognized in theory and in practice. Electronic evidence, due to its characteristics, which are different from traditional forms of evidence, has caused some debate on whether electronic evidence should be admitted into court and how much evidential weight it should be given in theory and in practice. This article will discuss these issues in theory and in practice.

Before the discussion, it is necessary to define the term electronic evidence as used in this paper. In China, there are a number of different definitions of what is meant by electronic evidence. Some scholars call electronic evidence 'digital evidence', which means electronic data or information that was formulated during the processing of a computer or network, is based on digital technique, and can reflect the status of computer, network activity and the content.1 Some define it as 'all kinds of materials or ramification which are in electronic form and can be used as evidence' or 'all kinds of evidence which rely on electronic techniques or electronic devices.2 Others define electronic evidence as 'all kinds of evidence that are stored, transmitted, and the output by electronic techniques and devices'.3When compared, the second definition is broader than the other two. In pract...

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