The Application Of Electronic Data Evidence In Civil Litigation

Application of electronic information technology and international e-commerce areincreasing frequently, computers and networks has become indispensable part of the people’swork, affecting all aspects of social life. When the emergence of electronic data evidencebrought convenience to us, it accompanied by a series on the impact of the traditional systemof evidence, as well as lead to a lot of disputes relating to electronic data evidence. As aninterdisciplinary of law and computer science, it is a new type of evidence which is differentfrom others; the application of digital evidence still lacks further study.In two procedural law amendment in their electronic data evidence, electronic dataevidence is clear proposed that China has admitted that electronic data evidence’s status. New“civil procedure law” article sixty-third new paragraph fifth of the electronic data evidence ofthis species. However, at present, Electronic data evidence as emerging evidence in theconcept of community still has not formed a unified concept. At present our country onelectronic data evidence does not provide complete systems, special legislation is still blank.Therefore, the relevant electronic data evidence legislation still can not meet the needs ofjudicial practice. So to solve electronic data evidence is still a long way to go.Including the introduction, this paper is divided into five parts.The first part is about the research purpose and significance of this paper, the researchstatus about electronic data evidence at home and abroad.The second part is about the overview of electronic data evidence. This part is basic,introduce mainly definition of electronic data evidence, and analyze classification andfeatures of electronic data evidence.The third part, mainly on electronic data evidence legislation, including common law onbehalf of the State, on behalf of the state civil law, elaborated after its legislative evaluation.Electronic data evidence legislation finally summarized.The forth part is about the problems of electronic data evidence in civil litigationapplication. This is the core of the full text, mainly for electronic data evidence, testimony, inthe collection, certification link problems analysis. The first analysis of china’s electronicdata evidence collection principle, subject, procedure, and summarizes the encountered problems in the process of collection; second is the proof and examination process, principlesand methods on the burden of proof, and some problems in the process of analysis, in theexamination the author agrees with the establishment of “the system of expert witness”auxiliary, in order to solve the technical difficulties China faces in quality certificate; in thereview and certification process, but also the practical key applications on electronic dataevidence, electronic evidence admissibility and probative force identification is analyzed, andthe existence of our country in this part of the problems in the judicial practice.The fifth part, the author puts forward some concrete suggestions on the electronic dataevidence legislation in respects of the overall thinking for perfecting our country’s electronic.Finally, the conclusion to sum up the whole chapter, the main conclusions.