关键词: 网络证据, 保全公证, 问题, 对策

Abstract:

In the network copyright tort law cases, collecting and preserving network evidence is the key to the action, and characteristics of the network evidence contribute to evidence preservation by notarization. Although there are criminal network evidences, this paper mainly focuses on network evidence involved in the infringement of intellectual property. Combining with related cases, the paper analyzes the issues and countermeasures about preservation of network evidence by notarization. After collecting the notary laws and regulations and guidance, the paper, which adopts the methods of articles analysis, empirical analysis, comparative analysis, reveals the existent problems by analyzing the typical network infringement cases during the past two years. With the current level of notarial technology, the paper puts forward suggestions on preservation of network evidence by notarization: firstly, improving procedures of preservation of network evidence by notarization; secondly, improving the technological level of notary; thirdly, establishing a unified network notarial platform; fourthly, strengthening the independent judicial judgment.

Key words: network evidence, preservation by notarization, issues, countermeasures