A Research On Civil Electronic Evidence Exchange System Based On American E-discovery System

With the rapid development of information society, e-commerce and e-government,lots of social problems are closely related to electronic evidence. Electronic evidence not only brings convenience to us, but also leads to a lot of disputes. Therefore, as a form of evidences, Electronic evidence plays an important role on ensure the smooth operation of the lawsuit.However, in China,There is still no independent evidence law. Some articles of law about evidence only sporadically appear in the three procedural statute and other regulations’ special chapters. In 2012, "Civil Procedure Law" and "Criminal Procedure Law" were amended. They endowed electronic evidence as a major form of evidence status.But for electronic evidence of positioning, work-ability, strength and so on, It did not make clear of the rules of exchange. At the same time, although scholars launched in-depth study of electronic evidence,but due to the uniqueness of it, they still can’t reach a cohesion consensus on how to connect electronic evidence with the existing evidence exchange system in our country. All these lead to chaos in the process of practice.In contrast, in the United States, “Federal Rules of civil Procedure”about the regulations of electronic evidence have been in a leading position. E-discovery System requires both parties to deal with e-discovery requirements are shown as soon as possible;It includes the protection resulting from the negligence of the file "recycled" clause and the“safe harbor”provisions with respect to ESI lost as a result of routine operation and so on.These provisions have play a significant role in the global electronic evidence legislation.E-discovery System plays an important role, not only it can reduce the conflict between the parties in the trade, but also it plays an important role in enlightening:Studying the E-discovery system,we can also draw some useful complication for us.This paper attempts to conduct a detailed analysis of electronic evidence through disclosure system definition, properties, and the difference between the exchange system with the original evidence. On the basis of reference to E-discovery System,combined withour country’s legislative and judicial status, put forward a proposal on the legislationof electronic evidence, in order to contribute to the improvement of China’s electronic evidence legal system.