| Relevance is the key criteria for the use of electronic evidence in the court. As evidence that exists only in digital space, electronic evidence should follow the double-relevance principle, i.e. the principle of relevant both in content and in form. The content relevance principle demands that the content of the data is relevant to the case facts; the form relevance principle means that the virtual identity, behavior, medium, time-stamp and site of electronic data should be consistent with those of the parties or other participants to the lawsuit in physical world. Especially, the second principle is essential to the determination of the relevance of electronic evidence. The full realization of these relevance principles relies on the innovation in the rules of electronic evidences, the institutions of obtaining evidences in criminal and civil litigations, and the technological norms of judicial appraisement. Recently, massive emergence of big data, whose relevance is different from that of electronic evidence, also brings new challenges to the relevance of electronic evidence. It is theoretically possible to admit big data evidence in the court through limited application of the admissibility rule. |
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