On Wednesday, the Supreme People's Court issued a new judicial explanation, which confirms that electronic information such as e-mails, blog articles and online chat records can be used as evidences in civil lawsuits. Comments:
In judicial practice, there are still immense difficulties in confirming the effectiveness, validity, even legality of electronic evidence. How can it be proved that the online chat records belong to the account owner? Does the process of obtaining e-mails violate people's privacy, and does it involve hacking? Various levels of courts must be cautious, while the SPC also needs to draft more detailed regulations on the issue.
hsw.cn, Feb 5
Many thought that with the new regulation all they need to do is to save their online chat records and bring them to court. It is better not to over-rely on electronic evidence because to save them is one thing while to persuade the court to believe in them is another. Much more effort is needed to guarantee that the electronic evidence one collects is useful. Solid evidence, such as paper records with signatures, are still necessary to prevent legal risks. In case only electronic evidence is available, citizens should strengthen them through measures such as notarization to make them more effective.
Beijing Youth Daily, Feb 5
There used to be cases when civil lawsuit litigants raised electronic evidence but it failed to be admitted as evidence in court; the judicial explanation represents the correct direction of the judiciary - to improve along with society. With fast social progress, more similar moves are welcome to plug the loopholes of existing laws.
Guangzhou Daily, Feb 5