Research On Judgment Of Civil Electronic Data

The development of modern information technology and global network technology, not only to the market economy has brought a new form of trade, electronic commerce, at the same time also brought a new concept to the law, the electronic data. The importance of the electronic data in today’s judicial practice increasingly significant, it also to the civil procedure law and evidence law has brought the unprecedented impact and challenges. In 2012, the newly revised "civil procedural law" to electronic data as legal evidence. At this point, for the first time in our country has been clear about the electronic data on the legislation of the independent legal status. But in the judicial practice for the connotation and extension of electronic data classification, the electronic data of three of audit judgment, electronic data review judgment in the judicial practice and the problems in the electronic data review is still lack of research in such aspects as judgment standard, this is largely will seriously affect the judge’s judicial judgment.The first part is summary of electronic data, this paper elaborates the connotation and denotation for electronic data, on this basis, by comparing with traditional data, to make further expounded the characteristics of the electronic data.In this paper, the second part is about the study of the theory of the electronic data audit judgment, is first in this paper, the general review of evidence judgment rules, on this basis, which leads to the electronic data of three of audit judgment. At the same time for different types of electronic data review judgment rule will further present arguments.In this paper, the third part is the electronic data in the judicial practice, the problems of audit judgment, this section lists the three cases, respectively, to electronic data authenticity, relevance and legitimacy of the three aspects of the case, by analyzing the case facts and the referee, put forward the electronic data in the judicial practice in our country examination and judgment of the problem.In this paper, the fourth part is to perfect the electronic data review judging rules, the idea of this part to connect in this paper, the third part, aiming at the problem of the third part, this part puts forward the electronic data authenticity, relevance and review the legality of the judgment standard of perfect recommendations.