Research On The Application Of The Electronic Data In The Civil Procedural Law

In recent years, we have heard the events that lenders apply mobile phone textmessages as evidence to dun, also read the reports that girls treat QQ news as a basisfor seeking repay from ex-boyfriend, and so many cases which the national courts atall levels have adopted the files of computer or the materials stored in the networkserver as evidence to judge. Why did a few years ago or earlier, we have not heard ofa similar incident or case, but recently the cases spewing out like "volcanic eruption"?Because the rapid development of the information technology and digital technologygives birth to "electronic data", and urges our legislative and judicial practice toadvance with times. However, since the new "Civil Procedural Law "promulgated inJanuary1,2013, electronic data has not been widely used, and those who come intocontact with the judicial practice in such cases are still cautious. Why? Because thecurrent legislation only provides for "electronic data" in the types of evidence, there isno corresponding rule of how the electronic data be applied in the judicial practice.Unlike traditional evidence, its application has its own characteristics, and regardlessof what kind of, the application of evidence is a complex and systematic project thatthe judicial workers can’t overstep without a practical application of the guidance orjudicial interpretation. This shows that our legislation in terms of electronic data isstill scarce and need improvement. It also gives us an opportunity to strengthen thetheoretical innovation of electronic data and application research.This paper discussed in the context of globalization, informatization anddigitization, studied on the background that the adoption of " electronic data " as oneof the types of evidence and based on the previous studies and theoreticalachievements.In order to understand the characteristics of electronic data and provideavailable advice for the practice of using electronic data, the paper conducted onprimarily from the collection, exchange and identification of electronic data.Chapter one, an overview of electronic data. To deepen the overallunderstanding of the electronic data, I introduce three-pronged approach include the meaning of electronic data, the characteristics of electronic data and the unity ofopposites between electronic data and audio-visual materials and present some ofmy own opinion.Chapter two, collection of electronic data.Collecting electronic data is the firststep of the application, which is the most important part. I conduct a comprehensivegrasp with the electronic data collection principle, rules and precautions for purposeof avoiding the improper collection of electronic data and the lack of qualification ofevidence.Chapter three, evidence exchange of electronic data. How to achieve new things:evidence of electronic data exchange is a new field of electronic data applicationresearch in our country which evidence exchange system is underdeveloped, Idescribe systematacially from the significance, difficulties, system construction andoperating rules of electronic data exchange.Chapter four, identification of electronic data. How to identify electronic data isa problem that the judge must be treated with caution in the process. In this paper, Iabandon the approach that review to determine the traditional evidence and identifyelectronic data into proven ability and probative force. The electronic data has theprobative force on the only condition of its proven ability, or not taken into the link ofthe probative force degree of identification of electronic data directly.