电子聊天记录作为电子证据的认定

Cognizance of E-Thgsical Education Records as E-evidence

电子聊天记录应归属于电子证据。如何对这一电子证据的新形式进行法律定位、证据认定、收集、出示等是必须面对的问题。对这些问题做出解答的基础,是对电子聊天记录进行正确的法律定位。从可采性、证明力两方面对电子聊天记录证据进行认定,界定相关的认定标准。

Records of E - chatting belong to the category of electronic evidence. The urgent issues regarding such a new form of electronic evidence, which must be dealt with, concentrate on finding ways to legally position, to identify, to collect, and to present it. This paper tries to solve the problems by studying the following fields ： firstly, to make proper legal definitions of the electronic evidence ; secondly, based on the findings in the previous study, to analyze the identification of E - chatting records from the two aspects of collectability and power of proof, and to propose relevant criteria of the identification as well.