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A Study On The Evidence Exchange System Concerning Electronic Data In Civil Litigation

Posted on:2015-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Q M ZhengFull Text:PDF
GTID:2266330428984803Subject:Law
Abstract/Summary:PDF Full Text Request
With the advances of internet technology, the communication means of information, such as e-mails, messages on cellular phones, and electronic commerce, have overwhelmingly come into our daily life and profoundly influenced upon us. In2012, electronic data has been written into the modified Civil Procedural Law as a category of evidence. This is undoubtedly a great progress in the study of the civil procedural law in our country. It will provide an important guarantee for settling the cases with upgrading information technology. However, there are few stipulations concerning electronic data in the relevant legislation of China. The stipulations on its application rules and technology are far behind the level of the United States of America and the United Kingdom. This has inevitably hindered the normal operation of civil proceedings and made it unable to exchange evidence timely in civil litigation, which has weakened judicial authority and impeded the pursuit of efficiency in civil litigation. Thus, it is necessary to make theoretical research in the evidence exchange system concerning electronic data in civil litigation and to provide corresponding theoretical basis for legislation and judiciary. The thesis starts from the concept of the evidence exchange system concerning electronic data, makes a comparative study of the systems in the two legal families, analyzes the current situation of the system in China, and puts forward suggestions for improving it, aiming to be beneficial to the construction of the system in our country.
Keywords/Search Tags:Electronic data, the evidence exchange system, the systemof collecting electronic data, the compulsory defense system, the expertassistant
PDF Full Text Request
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