电子证据出示的法庭保障义务研究

The Research of the Court's Obligations in Guaranteeing the Demonstrations of Electronic Evidence

当事人进行诉讼,法官审理案件,其目的在于实现利益保障。新修订的《中华人民共和国民事诉讼法》将电子证据作为一种法定的证据形式,已然确立了其应有的法律地位。然而,在司法实践中,大多数法院由于受传统证据和司法理念的影响,对电子证据的特殊性认识不够,在电子证据出示环节,法庭的保障并未跟进。具体体现在直接出示方式,无相应设备予以配合当事人出示;转化出示方式,审计信息不全,导致无效审计浪费司法资源;保全出示方式,当事人费用支出过高,造成其经济负担。为了克服这些不足之处,法庭要以"利益保障"为诉讼目的,做好直接出示的便利性保障,转化出示的辅助性保障和保全出示的选择性尊重,在保障当事人权利得以充分行使的基础上,实现案件事实"确信真实",进而增加当事人对案件裁判的理解与认可,以提高司法权威。

The people take part in the litigation,and the judge examines and decides a case,whose purposes are the realization of protecting interests. The revised Civil Procedure Law of the People＇s Republic of China regards electronic evidence as a kind of legal evidence form,and thus establishes the legal status of its due. In judicial practice,however,the identification of most courts,due to the effect of traditional evidence and the judicial idea of understanding of the particularity of electronic evidence,is not enough in the process of electronic evidence demonstration. It shows as follows： As for the direct demonstration,there is no the corresponding equipment which cooperates with the parties to show; As for the transformed demonstration,the audit information is not complete,which leads to ineffective audit waste of judicial resources; As for the preservative demonstration,the cost is too high,and the economic burden can not be affordable. In order to overcome these shortcomings,the court should take efforts to ensure the purpose of litigation,increase the convenience of direct presentation of electronic evidence,produce auxiliary safeguard and respect selectively preserved electronic evidence. The court ensures that legal facts are convincing on the basis of protecting the full rights of the parties,in order that two parties duly acknowledge the decision of the referee,so as to promote the judicial authority.