The Problems Of Electronic Data

The advent of the Internet age, to the civil procedure law and evidence law hasbrought the unprecedented challenge. Changes in new civil procedure law in2013to"electronic data" enshrined as one of the types of legal evidence. Electronic data in acompletely different from traditional evidence unique expressing way, become a newkind of evidence. Due to electronic data as a new content is added to the civil actionevidence types in the research of its is not a lot with the continuous development ofscience and technology,"electronic data" appear constantly in litigation, thecognizance of the case fact plays an important role. But because our country currentlaw rules of electronic evidence is not yet perfect, and because of the electronicevidence itself is flawless, variability, open the electronic evidence has thevulnerability, extremely law theory and judicial practice in the collection principle,workability and probative value problem there is no uniform standard, it’s brought alot of problems need to solve to the judicial practice.From a comparison of the electronic data and the traditional evidence, namely,invisibility, carrier and external performance characteristics of diversity anddestructive. The particularity of the electronic data determines the review of theelectronic data when the need is different from that of other traditional evidence,proof of its power needs special scrutiny, and electronic data put forward with thecombination of two case problems at the time of review, the electronic data for thedefective conserve notarial evidence examination and review of electronic dataprove that force.The author cited the guangdong branch of China tietong TongLiao copyrightinfringement, through the verdict and the judge’s decision in this case, although thedifference of two sentence is not big, but "the judge in the narrative of reason to havebigger difference, from this case leads to the electronic data preservation notarizationevidence at the time of flaws not one-sided applicable ruling reference judges of thesupreme people’s court has issued the annual report on intellectual property cases (2008) of the related regulations, the environment, to notarization notarialprocedures and the use of computers for notarization balancing act.The author cited a case the first case of "weibo", namely the kingsoft v. qihoo360zhou reputation infringement, for the first infringement cases relating to themicroblogging platform, because "the judge for electronic data-that of weibo’sunderstanding of the different resulted in the first instance and second instanceverdict have bigger difference, from this difference, the author put forward problems,for similar electronic data in its conflicts with citizens’ basic rights, how to balancethe relationship between the two in this paper, the author made a detail.