Electronic Data And Applicable Rules

With the rapid development of science and technology, electronic commerce and electronic government affairs and our contact also more and more close, the electronic data in a new face in our field of vision. It is different from the traditional type of evidence, more themselves. In the information age, it seems far-fetched, but in the human proof of judicial activities play an increasingly important role. Whether in the modern electronic commerce dispute cases, computer cases, still in the traditional infringement case, the electronic data can perform.By jurists for a long time for electronic data classification, evidence ability and strength, and many other issues there is a wide range of disputes, judicial practice is quite chaotic on to whom it applies. Evidence law in China has long stagnated, of course, the electronic data before did not have legal status, it was not until last year to become one of new types of evidence. But in judicial practice, the electronic data has been widely used, but the provision of electronic data is few and far between. So the definition of electronic data, evidence ability and strength, and the problem of how to standardize the use of electronic card is imperative to our legislation.New "civil procedure law" the63th regulation:"the evidence includes:(a) the parties statements;(2) documentary evidence;(3) physical evidence, and audio-visual material;(4)(5) electronic data;(6) the testimony of witnesses;(7) identification;(8) record of inspection." As a type of electronic data evidence to define from broad sense, is the electronic, optical, magnetic or similar means generating, sending, receiving, or storage of information to prove the facts of a case evidence, including the electronic evidence and computer evidence, network and other electronic data evidence and its derivatives. Electronic data is the product of the development and application of modern information technology, as the new king of the "data" in the information world, with a comprehensive, variability, concealment, can save, miniature, diffusion features such as a surge in sex, is a traditional evidence, from seven is getting rid of the traditional kinds of evidence partially and collectively a new form of evidence. While the new "civil procedure law" to admit that the electronic data evidence qualification, but we have to study by litigation subject in specific litigation activities whether the electronic data can be adopted as finalized according to the problems, particularly with regard to standard of electronic data authenticity and legitimacy, in practice, there are more pressing needs.This paper points six chapters basic problems, such as electronic data and its applicable rules. In put forward the problems in the first chapter according to the xinmin v. legislation will electronic data as evidence of a practice study, specific issues related to electronic data of the study in this paper. Starting from the second chapter specific discussion, research of electronic data classification problem in the first place. Pointed out that the current evidence legislation is not scientific, according to both the scholars study, put forward the evidence legislation should maintain the stability of the legal, scientific and forward-looking, to adopt "trichotomy" standards of evidence, evidence in order to solve the current law provisions using limited enumerated type and reality form the contradiction of the diversity of the evidence in the judicial practice. According to the diversity in the form of electronic data, analysis of electronic data evidence attributes; And because high technological of electronic data, expert auxiliary electronic data lawsuit elaborates the status function problem. Third chapter mainly discusses the problems involved in electronic data evidence ability and strength has carried on the theoretical research, research from the Angle of evidence of the authenticity, relevance and legitimacy of electronic data proof ability. Probative value problem was discussed, the main research of electronic data proof standards and electronic data reliability related issues. Chapter iv influencing electronic data applications of three kinds of evidence rule, draw lessons from foreign to evidence rules conflict with electronic data application practice, analysis of the deficiency of legislation and application of the rules of evidence in our country, put forward our country deal with electronic data applications and evidence rules of conflict solution. Fifth chapter to a manifestation of the electronic data, mobile phone short message as an example, the specific study the application of electronic data in the judicial practice. The last chapter of paper summarizes general discussion.