Discuss the Value of Electronic Data as Evidence and The Criteria for Its Examination and Judgment

Abstract

In the context of digital litigation, electronic data has become the most frequently used new type of legal evidence in civil, commercial, administrative, and criminal proceedings. Relying on binary code storage, electronic data differs from traditional documentary evidence and electronic documents, possessing unique attributes such as intangibility, ease of alteration, and reproducibility. While it has evidentiary value in efficiently reconstructing case facts and optimizing the allocation of judicial resources, it also suffers from inherent defects such as irregular evidence collection and difficulties in verifying authenticity. This paper, drawing on the research findings of scholars such as Peng Chasan, Zhao Changjiang, and Zhang Xin, clarifies the legal boundaries between electronic data and electronic documents, analyzes the diverse judicial value of electronic data, constructs a complete review and judgment standard around the three dimensions of evidentiary relevance, legality, and authenticity, and proposes improvement paths based on current pain points in investigative and administrative judicial practices.