Research On Electronic Data Evidence In Civil Litigation

With the advent of the "Internet +" era,tremendous changes have happened,not only in our social production and life,but also in the judicial field,the latter is represented by the emergence of electronic data evidence.There are differences between the electronic data evidence and the traditional evidence types,in terms of the evidence itself,collection,exchange,and identification process of evidence.It is precisely because of these differences that Civil Procedure Law of China revised in 2012,clarified the status of electronic data evidence as independent evidence,thus ending a great discussion of what type of evidence it belongs to.The independence of electronic data evidence is of great significance to the development of civil litigation,but there are still many problems to be solved.These problems mainly exist in the following four aspects: legislation of electronic data evidence(the lack of legislation,non-systematic),collection(excessively narrow and weak scope of collection subject,the lack of uniform standards in collection procedures),exchange(unclear range of cases needed to be exchanged,fuzzy scope of the content need to be exchanged,the lack of the supporting system),and identification(the lack of rules identifying the competence and weight of evidence,outdated information technology).Taking the concept of electronic data evidence as the starting point and the development of time as the vein,this paper analyzes and summarizes the electronic data evidence.On the basis of analyzing and summarizing the concept of electronic data evidence,compared with traditional evidence types,this paper clears the characteristics of electronic data evidence,analyzes and compares the differences between the electronic data evidence and traditional evidence types in the process of collecting,exchanging and identifying evidence.Regarding the process of collecting,exchanging and identifying of electronic data evidence as a dynamic and propellant entirety,this paper,according to the development process of the case,identifies the problem and finds the cause.What's more,through the research and analysis of the status quo of relevant systems in foreign countries,learns their relevant experience suitable for China.Based on the clarification of the concept and characteristics of the electronic data evidence,this paper further summarizes the existing problems and their causes,and attempts to put forward suggestions forimproving electronic data evidence in civil litigation from the following four aspects:legislation of electronic data evidence,collection(collection subject,collection procedure),exchange(exchange scope,exchange rules),and identification(evidence capacity identification,proof ability identification),to promote the good development of electronic data evidence.